KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD (No. Syarikat : 969910-D) BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK

KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD (No. Syarikat : 969910-D) BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK

The High Court held the 5.5.2015 letter constituted an absolute assignment satisfying Civil Law Act s4(3) because it was written, absolute in effect and notice reached the Defendant (evidenced by the defendant's chop and admissions); the Defendant's silence and continued acceptance of services and invoices estopped them from denying the assignment or privity; consent was unnecessary where notice was given; non‑registration under the Valuers Act attracted penal consequences but did not render the contract void. Therefore the Sessions Court was wrong and the appeal succeeds.

Citation
BA-12BNCVC-62-08/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD; Respondent/defendant: BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 March 2020
Case Number
BA-12BNCVC-62-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal From Sessions Court
Outcome
Appeal allowed; Sessions Court judgment reversed; Plaintiff's claim upheld
Legal Topics
Assignment of Contractual Rights, Privity of Contract, Notice of Assignment, Estoppel by Acquiescence, Illegality Due to Licensing, Statutory Interpretation
Source Language
Malay/English
Contract Law Civil Procedure Evidence Law Property Management Regulation Agency/assignment Assignment of Contractual Rights Privity of Contract Notice of Assignment +3 more

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Parties

KIMSTYLEZ FACILITIES MANAGEMENT SDN BHD

Appellant/plaintiff

BADAN PENGURUSAN BERSAMA KONDOMINIUM BBK

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether there was a valid assignment of rights, interest, assets and liabilities from Indera Management Sdn Bhd to the Plaintiff
  2. 2 Whether a contract existed between the Plaintiff and the Defendant as a result of the assignment
  3. 3 Whether the contract was illegal or unenforceable due to the Plaintiff's lack of registration/licence

Ratio Decidendi

The High Court held the 5.5.2015 letter constituted an absolute assignment satisfying Civil Law Act s4(3) because it was written, absolute in effect and notice reached the Defendant (evidenced by the defendant's chop and admissions); the Defendant's silence and continued acceptance of services and invoices estopped them from denying the assignment or privity; consent was unnecessary where notice was given; non‑registration under the Valuers Act attracted penal consequences but did not render the contract void. Therefore the Sessions Court was wrong and the appeal succeeds.

Court Disposition

Appeal allowed; Sessions Court judgment reversed; Plaintiff's claim upheld

Orders

  • Appeal allowed
  • Judgment of the Sessions Court reversed