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2018 MarsdenLR 2102

COURT OF APPEAL PUTRAJAYA
STRONPAC CONSTRUCTION SDN BHD – Appellant
Versus
VAST CONSORTIUM SDN BHD – Respondent
[Civil Appeal No: N-02(NCVC)(W)-52-01-2017]

Petitioner Advocates:Justin Voon,KF Wong,Azmi Abdoll Aziz ,Respondent Advocate: Jason Ng Kau,Khong Zhi Jian,Tan Keng Soon

The appellate court clarified standards for intervening in trial court decisions regarding evidentiary assessments in contractual disputes.

Headnote:This appeal concerns a breach of contract related to construction discrepancies. The court examined the contractual obligations defined in the construction drawings, particularly the specified dimensions for the living/saloon area. It was determined that the initial findings by the High Court were flawed due to improper evaluation of evidence and the contract terms. The main legal question was whether the appellant complied with contractual drawings indicating dimensions for construction. The appeal court clarified that the trial court misappreciated relevant evidence, resulting in misdirection in concluding a breach of contract. Consequently, the appeal was allowed, the High Court's decision was overturned, and the costs were awarded to the appellant.

Table of Content
1. introduction of case and basis for appeal. (Para 1)

Hasnah Mohammed Hashim JCA:

[1] The appeal before us was against the decision of the learned High Court Judge in Seremban High Court allowing the respondent's (the plaintiff in the High Court) claim. We had, after perusing the Records of Appeal and considering the written and oral submissions of learned counsel for the appellant and the respondent, unanimously allowed the appeal with costs of RM50,000.00 for here and below and we allowed the counterclaim with costs of RM10,000.00. We set aside the order of the High Court. We further ordered that the deposit be refunded. Our reasons appear below.

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2018 MarsdenLR 2102

COURT OF APPEAL PUTRAJAYASTRONPAC CONSTRUCTION SDN BHD – AppellantVersusVAST CONSORTIUM SDN BHD – Respondent[Civil Appeal No: N-02(NCVC)(W)-52-01-2017]

The appellate court clarified standards for intervening in trial court decisions regarding evidentiary assessments in contractual disputes.

COURT OF APPEAL PUTRAJAYA
STRONPAC CONSTRUCTION SDN BHD – Appellant
Versus
VAST CONSORTIUM SDN BHD – Respondent
[Civil Appeal No: N-02(NCVC)(W)-52-01-2017]