24 Aug 2020
ALI BABA CONSTRUCTION & TRANSPORTATION SDN BHD (NO. SYARIKAT: 1117102-A) RUHANIBABA ENTERPRISE SDN BHD (NO. SYARIKAT: 413971-A)
- Citation
- JA-12BNCvC-3-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCvC-3-01/2019 (Mahkamah Tinggi)
The plaintiff failed to prove a joint site inspection or that Musa was the defendant's authorised representative; key evidence relied upon by the plaintiff was hearsay and not the best evidence; contemporaneous documents supported the defendant's position and showed deliveries equated to 228,072 m³ with payments calculated on 80% of loads; the plaintiff retained the burden and did not discharge it, therefore the sessions court's finding of overpayment recoverable under s73 Contracts Act 1950 was correct and the appeal must be dismissed.