12 Oct 2022
1. ) MULTI NETWORK SDN BHD 2. ) RH MUTIARA SDN BHD PEMBINAAN JARI JAYA SDN BHD
- Citation
- BA-12BC-1-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-1-03/2022 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: the Tripartite Agreement created privity and liability to the plaintiff; defendants received or failed to deny demand letters and thus were indebted; Clause 8's back-to-back conditional payment term is void under s35(1) and (2)(a) CIPAA and cannot defeat the claim; absence of plaintiff's site employee did not justify adverse inference against plaintiff given the documentary and witness evidence; suppression of defendants' project payment documents warranted an adverse inference; consequently the appeal was dismissed and the Sessions Court judgment a…