29 Nov 2022
KY ENGINEERING SDN BHD CHUAH KIM CHYE (menyaman sebagai Pemilik Tunggal sebuah perniagaan yang dikenali sebagai BERMUDA ENGINEERING)
- Citation
- W-02(NCvC)(W)-442-03/2022 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-442-03/2022 (Mahkamah Rayuan)
The Court of Appeal found the learned Judicial Commissioner’s factual findings were not plainly wrong except that the trial judge erred in allowing variation orders that were in fact contractual obligations under clause 24 of the Purchase Order; accordingly the claimed judgment sum was reduced by RM437,340.00 to RM584,451.16, the dismissal of the appellant's counterclaim was affirmed, and no denial of natural justice was established as the appellant failed to seek adjournment or rely on s.73A Evidence Act 1950.