NTE ENGINEERING SDN BHD vs MEGA MAYANG SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2174

SESSION COURT KUALA LUMPUR
NTE ENGINEERING SDN BHD – Appellant
Versus
MEGA MAYANG SDN BHD – Respondent

Petitioner Advocates:Tan Meng Tze ,Respondent Advocate: Andrew Davis,Zaitul Naziah

Table of Content
1. dispute over completion and payment claims. (Para 14 , 16 , 17 , 18 , 19)
2. defendant's claims for damages must be substantiated by adequate evidence. (Para 15 , 20)
3. burden of proof in counterclaims regarding delays. (Para 23 , 30)
4. plaintiffs completed the contractual requirements, justifying their claims. (Para 24)

Analysis Of Facts, Findings And Grounds Of Judgment

[12] The Plaintiffs had produced their witnesses as follows:

i) Foo Chee Tuck (SP 1) - Managing Partner/Sole Propreitor of EFCT Consult, a qualified and registered Quantity Surveyors under the Board of Quantity Surveyors Malaysia and engaged by the Employer of the Project (ECS Mutiara) as Quantity Surveyor of the Project. EFCT acts as an independent body to measure and value work in progress, determine the value of works, contract management and advice for pre-contract and post-contract stages.

ii) Yee Choon Kiat (SP 2) - a professional Engineer and principal of JY Consult (JYC), a company which provides consultancy services in relation to mechanical and electrical matters (M&E). JYC was the M&E Consultant of the Project employed by ECS Mutiara and SP 2 was the Engineer in charged of the Project and

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2017 MarsdenLR 2174

SESSION COURT KUALA LUMPURNTE ENGINEERING SDN BHD – AppellantVersusMEGA MAYANG SDN BHD – Respondent

Cases Referred (1)

SESSION COURT KUALA LUMPUR
NTE ENGINEERING SDN BHD – Appellant
Versus
MEGA MAYANG SDN BHD – Respondent