JUDGMENT

[After Full Trial]

Azizan Md Arshad JC:

Introduction

[1] This case concerns a construction dispute between the Plaintiff as the employer and the Defendant as the main contractor in respect of a project known as "Cadangan Membaik Pulih Infirmary Di Jalan Sungai, Pulau Pinang" (Project). The parties executed a construction contract dated 15 September 2014 which adopted the Agreement and Conditions of PAM Contract 2006 (With Quantities).

[2] After considering the evidence presented by both parties, on a balance of probabilities, the Court decided that the Plaintiff had failed to prove its case against the Defendant while the Defendant had succeeded in proving its counter-claim against the Plaintiff.

[3] Dissatisfied with this Court's decision, delivered on 26 March 2024, an appeal was filed by the Plaintiff to the Court of Appeal (COA). The parties are referred to as they were in the High Court.

Trial

[4] The trial was conducted for seven (7) days, ie on 9 October 2023, 10 October 2023, 11 October 2023, 12 October 2023, 18 October 2023, 19 October 2023, and 20 October 2023. The Plaintiff called three (3) witnesses and the Defendant called one (1) witness as follows:

(i) Tay Boon Leong