TOP FOREST WOOD SDN BHD VIMIX CONCRETE SDN BHD

TOP FOREST WOOD SDN BHD VIMIX CONCRETE SDN BHD

On the evidence the defendant failed to supply grade G25 concrete to the subject warehouse: independent coring and laboratory compression tests of five samples produced an average strength of 16.1 N/mm2 well below 25 N/mm2. The trial judge failed to properly evaluate material contradictions between pleaded defence and witness admissions and erred in discounting unchallenged laboratory evidence. Appellate intervention was justified; plaintiff entitled to damages for breach of contract assessed at RM200,507.34, with interest and costs.

Citation
BA-12BNCVC-73-10/2019 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Top Forest Wood Sdn Bhd (551771-P); Respondent / Defendant: Vimix Concrete Sdn Bhd (484019-D)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 June 2020
Case Number
BA-12BNCVC-73-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed; Sessions Court judgment set aside; Defendant found liable for breach of supply contract
Legal Topics
Breach of Contract, Damages Under S.74 Contracts Act 1950, Appellate Intervention/plainly Wrong Test, Expert Evidence and Testing of Materials, Concrete Testing and Coring
Source Language
Malay/English
Contract Law Construction Law Civil Procedure Evidence Commercial Remedies Breach of Contract Damages Under S.74 Contracts Act 1950 Appellate Intervention/plainly Wrong Test +2 more

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Parties

Top Forest Wood Sdn Bhd (551771-P)

Appellant / Plaintiff

Vimix Concrete Sdn Bhd (484019-D)

Respondent / Defendant

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether defendant supplied grade G25 concrete as contracted or a lower grade
  2. 2 Whether plaintiff proved deceit/fraud beyond breach of contract
  3. 3 Whether trial judge insufficiently appreciated evidence to justify appellate intervention

Ratio Decidendi

On the evidence the defendant failed to supply grade G25 concrete to the subject warehouse: independent coring and laboratory compression tests of five samples produced an average strength of 16.1 N/mm2 well below 25 N/mm2. The trial judge failed to properly evaluate material contradictions between pleaded defence and witness admissions and erred in discounting unchallenged laboratory evidence. Appellate intervention was justified; plaintiff entitled to damages for breach of contract assessed at RM200,507.34, with interest and costs.

Court Disposition

Appeal allowed; Sessions Court judgment set aside; Defendant found liable for breach of supply contract

Orders

  • Defendant to pay Plaintiff RM200,507.34 for breach of contract
  • Interest at 5% per annum on RM200,507.34 from 16.4.2019 until full realisation