2017 MarsdenLR 863
FEDERAL COURT PUTRAJAYA
HONG YIK TRADING – Appellant
Versus
LIZIZ PLANTATION SDN BHD – Respondent
[Civil Appeal No: 02(f)-29-05-2016(D)]
A party cannot counter-claim for defects after approving the work as satisfactory unless it proves the defects were solely caused by the other party.
Headnote:In this case, an appeal was made after the respondent successfully overturned a High Court decision favoring the appellant. The main legal question revolved around whether a party could counter-claim after approving work quality upon satisfaction (para 1). The court determined that the respondent had failed to prove work deficiencies caused by the appellant, reversing the appellate decision (paras 28). The appeal is allowed with costs.
"[29] We have carefully read the written judgment of the learned High
Court Judge in instant appeal. Unfortunately we could not find any discussion on the testimony of the witnesses as the probable cause of the defective works that required to be remedied. We find that there is no appreciation or evaluation of the testimony by the respondent's witnesses particularly that of SD3 and SD4 as to why they were engaged to do the remedial work.
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