4 Aug 2020
1. ) BA-12BC-2-02/2020 PINTARAS GEOTECHNICS SDN. BHD. (Co. No.: 297465-H 2. ) BA-12BC-3-02/2020 TWIN H ENGINEERING SDN. BHD. (Co. No.: 961851-W) 1. ) TWIN H ENGINEERING SDN. BHD. (Co. No.: 961851-W) 2. ) PINTARAS GEOTECHNICS SDN. BHD. (Co.
- Citation
- BA-12BC-2-02/2020 & BA-12BC-3-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-2-02/2020 & BA-12BC-3-02/2020 (Mahkamah Tinggi)
The High Court found no plain error in the Sessions Court's findings that the plaintiff completed the works and was entitled to the claimed sum; the defendant was estopped from invoking TC 20 because of its conduct and prior certifications; the defendant's set-off for rectification failed for lack of mitigation and being an afterthought; pleadings were sufficient to claim return of the retention sum; consequently defendant's appeal dismissed, plaintiff's appeal allowed, award of plaintiff's claimed sum with interest affirmed, and defendant ordered to return retention sum with interest and pay…