From the very beginning of the case in the Lower Court, until the opposing party’s appeal to the High Court then to the Court of Appeal, the opponent cannot produce sufficient evidence or call key witnesses to support of their counterclaim, therefore this entire case offers a very practical and important lesson:
When facing renovation/construction disputes and debt recovery, how critical is evidence?
I. Case Background: Claim for Construction Payment vs Counterclaim
This case primarily involves construction and renovation works, as well as subsequent recovery of outstanding payments.
The facts can broadly be divided into two stages:
At the Magistrates’ Court:
The contractor (our client) initiated legal proceedings against the opposing party to recover unpaid balance sums and succeeded at the lower court.
At the appellate stage:
The opposing party filed an appeal against the decision. Last week, the appeal was dismissed, meaning the original judgment was upheld and we ultimately succeeded.
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