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COURT OF APPEAL KOTA KINABALU
SABAH LAND DEVELOPMENT BOARD – Appellant
Versus
TERAJU HIJAU SDN BHD – Respondent
| Table of Content |
|---|
| 1. the defendant's obligations under the agreement. (Para 1 , 4 , 5 , 8 , 12) |
| 2. court decides on appeal based on past judgments. (Para 2) |
| 3. the burden of proof rests with the plaintiff to prove the debt. (Para 16 , 28 , 35) |
| 4. whether the defendant's conduct constitutes repudiation. (Para 18 , 26 , 41) |
| 5. discussion about terms of the contract and obligations. (Para 24) |
| 6. establishment of burden of proof in contract disputes. (Para 27) |
| 7. legal standards for proving claims and defenses. (Para 30 , 31 , 32 , 34) |
[1] This is an appeal by the appellant/defendant against the decision of the High Court Judicial Commissioner ('learned JC') sitting at Kota Kinabalu in allowing the respondent/plaintiff's claim with costs. After a full trial, the learned JC entered judgment in favour of the plaintiff in the following terms:
(a) that the defendant shall pay the sum of RM5,357.88 to the plaintiff being the outstanding balance for work executed;
(b) that the defendant shall pay the sum of RM2,000,000.00 to the plaintiff as agreed liquidated damages under the agreement dated 22 June 2010;
(c) that the defendant shall pay statutory interest at the rate of 5% per annum from the date of j
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