JUDGMENT

Noradura Hamzah JC:

Introduction

[1] This is the Plaintiff's claim against the defendant for the sum of RM1,620,546.02, alleged to be the cost of rectification and diversion works carried out following the failure of a 33 kV underground cable on 4 June 2015 at the Defendant's development project known as Country Garden Danga Bay, Johor Bahru. The works were originally carried out by the Plaintiff pursuant to a Letter of Award dated 20 August 2014 for the installation, testing, and commissioning of a 33kV underground cable system.

[2] The Defendant denies liability, contending that the cable was not laid in conformity with the approved plan, that the deviation was the cause of the failure, and that the plaintiff remained responsible for rectification during the Defects Liability Period (DLP)(which ran from 28 March 2015 to 28 March 2017, within which period the cable failure occurred).

[3] The trial commenced before Justice Nurulhuda Nur'aini binti Mohamad Nor, who heard the evidence of the plaintiff's first witness (SP1) in part. Following her transfer, the case proceeded before me. I hear the remaining evidence, including cross-examination of SP1 and the Defendant's witnesses