3 Jan 2022
PEMBINAAN JUTA MASTER SDN BHD PLENTIFUL GOLD-CLASS BHD
- Citation
- WA-22NCC-575-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-575-11/2020 (Mahkamah Tinggi)
On the balance of probabilities the court found the six quotations and the variation order gave rise to contracts; Plaintiff completed the works as evidenced by contemporaneous documents, photographs, handing-over letter, invoices, part payments and the auditor's confirmation of balance; the Defendant failed to plead limitation and is estopped from raising it at submissions; the Defendant failed to rebut the evidential burden and its late, unpleaded factual assertions are rejected. Judgment granted for Plaintiff for RM1,967,820.02 with 5% interest from date of judgment to realization and cost…