2 Dec 2024
G.C.S FURNISHING SDN BHD MAH SING PROPERTIES SDN BHD
- Citation
- JA-11BNCvC-7-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-11BNCvC-7-06/2023 (Mahkamah Tinggi)
The High Court held the Magistrate erred by failing to give proper judicial appreciation to contemporaneous documents and testimony. On the balance of probabilities the respondent failed to prove a valid force majeure event or entitlement to EOT because the extension letters lacked the requisite independent opinion by the proper certifier and TNB letters did not corroborate nationwide shortages or administrative procedural causes. The delay was attributable to the respondent's own failures; therefore the appellant was entitled to LAD and the Magistrate's decision was set aside.