Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Manifestly erroneous doctrine
  • 10 Jan 2023

    LYCONNA CORPORATION SDN BHD DESTINI ONE DEVELOPMENT SDN BHD

    Citation
    WA-A74-2932-10/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A74-2932-10/2022 (Mahkamah Majistret)

    The court held the architect's purported extension (31.1.2019–31.3.2019) was issued for reasons outside the enumerated causes in Clause 18.1 and under the building contract clause to which the Plaintiff was not privy; therefore the extension was outside the scope of Clause 18.1, manifestly erroneous and not binding. No valid extension covered 16.4.2018–30.1.2019. Under Clause 19.2 vacant possession was deemed taken on 5.4.2019. Plaintiff proved delay on the balance of probabilities and was entitled to RM54,175.15 liquidated damages, interest at 5% from judgment until full settlement, and cost…