15 Apr 2024
MRCB BUILDERS SDN BHD 1. ) PEMBINAA LEEPING 2. ) CHAN KAH WAI 3. ) CHAI YEE HIN 4. ) Foo Kee Leang 5. ) Lim Soon Peng PIHAK KETIGA Zulbahri Bin Abu Bakar
- Citation
- WA-22C-39-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-39-05/2020 (Mahkamah Tinggi)
Plaintiff failed to prove, on a balance of probabilities, that D2–D5 conspired to submit fraudulent Progress Claims or that D1 did not perform the works; evidence for supply of labour in October–November 2016 was not proven due to unreliable Kong cards, daily site reports and missing witness testimony; contractual conditions for release of retention monies and performance bond were not satisfied; accordingly Plaintiff’s claims dismissed and part of D1’s counterclaim allowed for RM768,379.01 inclusive of 6% GST with interest as ordered; costs awarded to D2, D3, D4 and D5 as specified; no costs…