Teknik Cekap Sdn Bhd v Villa Genting Development Sdn Bhd [24 June 2000]
In this case the plaintiff (Contractor) was seeking that the defendant (developer) make payment of second moiety of retention or alternatively place the same in an account in trust for the plaintiff. The general arguments of the plaintiff were held as being reasonable by the Court however the defendant had submitted to the court letters and affidavit alleging graft and fraud which the plaintiff failed to respond to or rebut in his affidavits to the court.
As a result the court denied the plaintiff the right to payment or indeed that the second moiety of retention be held in trust.
Teknik Cekap Sdn Bhd v Villa Genting Development Sdn Bhd [24 June 2000]
Malaysian Construction and Contract Law 