26 Oct 2021
1) GAN TECK KHUN 2) GENAP INDAH SDN BHD 1) CHAN KOI HONG @ CHANG KOUI FANG 2) CHAN KOI HONG @ CHANG KOUI FANG (berniaga atas gaya dan nama Chang San Construction)
- Citation
- 22-141-07/2011 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22-141-07/2011 (Mahkamah Tinggi)
The court accepted the qualifications and evidence of SP1 and SP2 and found plaintiffs proved defects requiring rectification; the tender estimate and supporting payments were reasonable in the absence of contrary evidence; possession was delayed beyond the contractual period entitling plaintiffs to LAD; adverse inference arguments and registration objections did not displace the evidence. Therefore the Deputy Registrar's assessment awarding rectification costs, LAD and associated costs was correct and the appeal was dismissed.