8 Apr 2022
SUN DB CONSTRUCTION SDN BHD Perbadanan Kemajuan Negeri Selangor (PKNS)
- Citation
- BA-24C-84-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24C-84-11/2021 (Mahkamah Tinggi)
Defendant discharged the evidential burden under s106 EA by adducing credible documentary and contractual evidence showing that no sum was due or payable to KP at the time of receipt of the Plaintiff's demand (29.10.2021); accordingly the Plaintiff failed to prove the s30(5) condition and the originating summons is dismissed with costs. Retention sum was not shown to be due or payable and the Defendant was entitled to call/forfeit the performance bond.