Mah Sing Properties Sdn Bhd v Tan Mee Su & Anor [2023] 8 AMR 638

[LAD – delay to deliver vacant possession due to TNB not completing electricity supply works] Chooi Peng and Victor (with Iris) acted as counsel for the Appellant/Defendant. The High Court allowed the Appeal against the judgment against the appellant after a full trial. Amongst others, the High Court held that the Defendant had successfully established that all the extensions of times were issued by the Engineer based on the opinion given by the Architect by reason of delay by TNB. The Court held amongst others that it was unfair for the Defendant to be liable to pay LAD when the delay in delivery was clearly not attributable to the Defendant. Instead, TNB had admitted that the said electricity provider had delayed in completing electricity supply work for the project.