8 Nov 2022
SUCCESS INPUT SDN BHD PRISTAR HOUSING DEVELOPMENT SDN BHD
- Citation
- AA-A52NCvC-24-02/2019 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-A52NCvC-24-02/2019 (Mahkamah Sesyen)
Plaintiff failed to prove rectification works were done to the satisfaction of the Architect/Engineer as required by Clause 7.4; Clause 10.2 is conditional on satisfaction and therefore Defendant was entitled to withhold the retention sums; on the counterclaim, the Court found Plaintiff had completed its sewerage obligations and there was no independent IWK instruction evidencing defects that justified Defendant's claimed remediation costs, so the counterclaim failed.