18 Jan 2021
MOHD AZAM BIN CHE SEMAN MBC BERKAT ENTERPRISE
- Citation
- DA-11B-3-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-11B-3-03/2020 (Mahkamah Tinggi)
High Court allowed the appellant's challenge to the Magistrate's award of RM55,000 because the Magistrate erred in relying on registered valuer evidence (SP3) instead of JPPH certification required under LPPSA/PJB, and implied terms justified the appellant's actions where the contractor abandoned the site; however the defendant's counterclaim was dismissed due to lack of documentary proof; therefore the Magistrate's award to the plaintiff was set aside and the rejection of the counterclaim was upheld.