30 Aug 2024
TUAH USAHA SDN BHD Kerajaan Malaysia (Jabatan Kerja Raya Malaysia)
- Citation
- WA-21C-1-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21C-1-01/2023 (Mahkamah Tinggi)
The court found on the balance of probabilities that delays were substantially caused by TNB and other factors beyond the plaintiff's control; the Defendant failed to demonstrate that the S.O. properly exercised discretion to limit EoT No.3 to 60 days; the plaintiff complied with Clause 44 claim procedures and produced supporting contemporaneous documents admitted by the Defendant; consequently LAD was not due and must be refunded and the plaintiff is entitled to proven loss and expense with statutory interest and costs.