30 Oct 2020
MYDA RISK & SAFETY SDN BHD SYARIKAT MUHIBAH PERNIAGAAN DAN PEMBINAAN SDN BHD
- Citation
- WA-B52NCVC-24-01/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-B52NCVC-24-01/2020 (Mahkamah Sesyen)
Invoices were not conclusive under the sub‑contract which expressly makes quantities provisional and subject to remeasurement; the defendant's audit and remeasurement by a qualified, supervised team was reasonable and properly documented; the plaintiff failed to adduce rebuttal evidence to displace the defendant's findings; consequently the defendant's recalculation was accepted and the plaintiff's substantive claim for RM722,422.37 failed, but nominal damages of RM30,000 and costs of RM10,000 were awarded; no contractual or statutory basis for interest at 1.5% per month was found.