14 Jun 2024
KIENSON HARDWARE SDN. BHD. SANJUNG SEPANG SDN BHD
- Citation
- WA-12BNCC-22-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCC-22-08/2023 (Mahkamah Tinggi)
Plaintiff failed to prove entitlement to claimed interest because it did not produce the underlying invoices for 351 items and relied on unilateral debit notes; an adverse inference under Evidence Act s114(g) was properly drawn that the plaintiff's documents were inaccurate and the claim excessive. Separately, the plaintiff's acceptance of PO 32007913 was subject to a three‑month price validity communicated by email, so the plaintiff had no obligation to deliver at the original price after expiry and is not liable for the defendant's cover purchase losses.