27 Nov 2019
KEMAJUAN MASTERON SDN BHD CHONG NGE WEI & 6 LAGI
- Citation
- B-03(IM)-19-03/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- B-03(IM)-19-03/2019 (Mahkamah Rayuan)
The Court allowed the appeal and set aside the SAR and High Court assessment because clause 12 did not dispense with the respondents’ burden to prove actual loss; the sole contractor quotation was inadequate evidence (no acceptance, no proof works done, validity lapsed, no detail of original materials or itemised costs) and therefore the awarded RM380,500 lacked legal basis; respondents failed to discharge proof of quantum and no damages were awarded.