23 Feb 2022
KEMBANG SERANTAU SDN BHD (Company No.: 224505-W) Perbadanan Putrajaya (Business Registration No.: 1246743-K )
- Citation
- WA-22NCVC-640-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-640-09/2019 (Mahkamah Tinggi)
On the balance of probabilities the Defendant discharged its evidential burden with contemporaneous documentation and witness evidence showing only 82,573 trees were accepted and 13,390 were not replanted; the CMGD is not conclusive and may be rebutted prior to issuance of the Final Certificate; the deduction reflected in variation order no.15 represented an adjustment to the final account for unperformed work rather than an impermissible post-completion variation; accordingly Plaintiff failed to prove entitlement to RM 3,136,293.25 and is entitled only to RM 58,417.57; Plaintiff's claims dis…