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Court upholds RM1.04mil award against lift contractor over faulty work at Johor school
Court upholds RM1.04mil award against lift contractor over faulty work at Johor school

New Straits Times

time6 days ago

  • Business
  • New Straits Times

Court upholds RM1.04mil award against lift contractor over faulty work at Johor school

PUTRAJAYA: A lift contractor has failed in its bid to overturn a High Court decision ordering it to pay RM1,045,294.80 in damages to an international school over delayed and defective lift works at its Johor Baru campus. A three-member Court of Appeal bench, chaired by Datuk Supang Lian, unanimously dismissed MS Elevators Engineering Sdn Bhd's appeal, finding no merit in its challenge against the earlier decision in favour of Fairview International School Nusajaya Sdn Bhd. The other members of the bench were Datuk Azmi Ariffin and Datuk Ismail Brahim. In the judgement dated yesterday, Azmi said MS Elevators had breached its contract and failed to deliver functional and safe lifts by the stipulated deadline of Feb 28, 2015. According to court documents, the school had awarded MS Elevators a RM566,000 contract in July 2014 for the supply, installation, testing, and commissioning of three lifts at its Johor Baru campus. Under the Letter of Award (LOA), the contractor was required to complete the work within six months, with a liquidated ascertained damages (LAD) clause of RM10,000 per day for any delay. However, the lifts were only certified by the Department of Occupational Safety and Health (DOSH) on June 2, 2015 — 94 days after the deadline — and were subsequently found unsafe. Incidents included schoolchildren being trapped in a lift and dignitaries being forced to walk up seven floors during school events. The court ruled that the school was entitled to LAD amounting to RM940,000 and RM70,294.80 in rectification costs incurred when third-party contractors were hired to repair and make the lifts safe for use. The court also affirmed the lower court's decision to award a nominal sum of RM35,000 for loss of student intake due to the unavailability of the upper floors. The appellate court held that MS Elevators had no legal basis to suspend works or refuse to rectify the defects unless payments were made, noting that no valid payment certification had been issued by the project consultants. The court also dismissed the company's counterclaim for RM387,908.60 for alleged outstanding payments, citing its failure to complete works as per the contract or obtain proper certification. In affirming the High Court's findings, the Court of Appeal emphasised that MS Elevators had neither applied for a valid extension of time nor complied with the contractual procedures. "There was no written notice given by the company to seek an extension of time. "They had the contractual right to do so if they believed the school's actions or omissions had caused delays. "The company cannot now turn around and blame the school for its unwarranted delay. "The defendant must live with the consequences of its fault," the court said. The court also awarded RM25,000 in costs to the school.

Contraband cigarettes, liquor worth over RM560,000 seized in Miri
Contraband cigarettes, liquor worth over RM560,000 seized in Miri

The Sun

time22-04-2025

  • The Sun

Contraband cigarettes, liquor worth over RM560,000 seized in Miri

KUCHING: The Royal Malaysian Customs Department (JKDM) in Sarawak busted a contraband stash of untaxed cigarettes and hard liquor worth more than RM566,000 during an operation in Miri on Wednesday (April 16). Sarawak Customs director Norizan Yahya said that in the 8.30 am operation, a team of Customs officers from the Land Operations Unit conducted a raid on a container in the Eastwood Valley Industrial Estate area. 'An inspection of the locked container uncovered 700,000 sticks of various brands of white cigarettes without tax stamps, along with 1,536 litres of alcoholic beverages suspected to be contraband,' he said. 'The estimated value of the seized items is RM74,372, while the total duties and taxes involved is RM492,319.20. The overall estimated value of the confiscated goods, including duties and taxes, amounts to RM566,691.20,' he said in a statement today. Norizan added that the syndicate's modus operandi involved using the container as a storage space for cigarettes and alcoholic beverages to evade detection by the authorities. He said the case is being investigated under Section 135(1)(d) of the Customs Act 1967. If found guilty, the offenders could face a fine of up to RM500,000, imprisonment for up to five years, or both.

Contraband Cigarettes, Liquor Worth Over RM560,000 Seized In Miri
Contraband Cigarettes, Liquor Worth Over RM560,000 Seized In Miri

Barnama

time22-04-2025

  • Barnama

Contraband Cigarettes, Liquor Worth Over RM560,000 Seized In Miri

KUCHING, April 22 (Bernama) -- The Royal Malaysian Customs Department (JKDM) in Sarawak busted a contraband stash of untaxed cigarettes and hard liquor worth more than RM566,000 during an operation in Miri on Wednesday (April 16). Sarawak Customs director Norizan Yahya said that in the 8.30 am operation, a team of Customs officers from the Land Operations Unit conducted a raid on a container in the Eastwood Valley Industrial Estate area. "An inspection of the locked container uncovered 700,000 sticks of various brands of white cigarettes without tax stamps, along with 1,536 litres of alcoholic beverages suspected to be contraband," he said.

Customs seizes over RM566,000 worth of illicit goods in Miri
Customs seizes over RM566,000 worth of illicit goods in Miri

Borneo Post

time22-04-2025

  • Borneo Post

Customs seizes over RM566,000 worth of illicit goods in Miri

The alcoholic beverages seized by the customs in the raid. MIRI (April 22): The Royal Malaysian Customs Department (JKDM Sarawak) seized illicit cigarettes and alcoholic beverages worth RM566,691.20 during a raid at an area in Eastwood Valley industrial estate here last month. Sarawak Customs director Norizan Yahya said that the raid targeted a 20-foot-long container at around 8.30am on March 16, following tip off from the intelligence unit. 'Upon inspecting the locked container, the team discovered a total of 700,000 sticks of white cigarettes of various brands without tax stamps, along with 1,536 litres of alcoholic beverages stored inside. 'The estimated value of the seized goods is RM74,372, while the amount of duty and tax amounts to RM492,319.20,' he said in a statement today. Norizan stated that the importation of cigarettes and alcoholic beverages requires an import permit because they are classified as restricted goods under the Customs (Prohibition of Imports) Order 2023. He explained that the syndicate's modus operandi involves using containers as storage facilities for cigarettes and alcoholic beverages suspected to be prohibited items. 'The case is being investigated under Section 135(1)(d) of the Customs Act 1967,' he said. alcohol beverages customs illicit cigarettes lead Norizan Yahya seize

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