9 May 2024
PRISTAR HOUSING DEVELOPMENT SDN. BHD. SUCCESS INPUT SDN BHD
- Citation
- AA-12BNCvC-8-11/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-12BNCvC-8-11/2022 (Mahkamah Tinggi)
The appeals by Success Input relating to the two tranches of the retention sum are allowed because the trial judge erred in fact and in judicial appreciation: no defect list was served within the relevant period for the first tranche and the architect failed to specify defects or facilitate joint inspection for the second tranche, so withholding was unjustified; the Sessions Court’s dismissal of Success Input’s claims on those bases was set aside. The Sessions Court’s strike out of Pristar’s separate suit for third‑party rectification costs on res judicata/abuse of process grounds was upheld.