7 Mar 2022
AVIATION DEVELOPMENT CORPORATION (M) SDN BHD YAYASAN SELANGOR
- Citation
- 03-3-10/2020 (W) (Mahkamah Persekutuan)
- Court
- W
- Case number
- 03-3-10/2020 (W) (Mahkamah Persekutuan)
The appeal is dismissed and the Court of Appeal's decision is affirmed because the defendant failed to prove on the balance of probabilities that the asserted development costs were legitimately and properly incurred within the scope of Clause 4.7 of the JVA; the assessment requires construction of Clause 4.7 in context and proof of loss and amount, and unexplained large cash payments without corroborating bank or documentary evidence justify rejection of the claim; questions on broader legal doctrine were unnecessary or academic and are declined.