2 Oct 2023
TANG HANG TOW FIXUS CONSTRUCTION SDN BHD
- Citation
- WA-12BC-4-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-4-04/2023 (Mahkamah Tinggi)
Appellate court held there was ample trial evidence that the Appellant delayed works, acknowledged defects at joint inspections, surrendered the project, and agreed to re‑assessment; LOA clauses empowered Respondent to reassess, deduct and set off amounts; credibility findings of trial judge were entitled to deference; therefore Progress Claim Nos.4 and 5 were not payable, the Respondent's counterclaim and assessed amounts and retention were properly awarded, and the appeal must be dismissed.