MOHD RIDZUAN BIN ABD HALIM MOHD RIDZUAN BIN ADANAN

MOHD RIDZUAN BIN ABD HALIM MOHD RIDZUAN BIN ADANAN

The High Court upheld the Sessions Court finding that the defendant breached the contract by failing to complete agreed works despite plaintiff having made required payments; the termination by plaintiff under s40 Contracts Act 1950 was lawful because the breach was fundamental; plaintiff proved special damages and loss leading to an award of RM294,306; appellate intervention was unwarranted as trial findings were not plainly wrong.

Citation
BA-12B-14-04/2022 (Mahkamah Tinggi)
Parties
Defendant / Applicant (perayu/defendan): Mohd Ridzuan bin Abd Halim; Plaintiff / Respondent (responden/plaintif): Mohd Ridzuan bin Adanan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 September 2022
Case Number
BA-12B-14-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (contract) / High Court Appellate Judgment Affirming Sessions Court Decision
Outcome
Appeal dismissed; Sessions Court judgment affirmed.
Legal Topics
Breach of Contract, Termination of Contract, Assessment of Damages, Appellate Intervention, Force Majeure / COVID 19 (pkp) Defence
Source Language
Malay/English
Contract Law Civil Procedure Remedies (damages) Breach of Contract Termination of Contract Assessment of Damages Appellate Intervention Force Majeure / COVID 19 (pkp) Defence

Case Brief

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Parties

Mohd Ridzuan bin Abd Halim

Defendant / Applicant (perayu/defendan)

Mohd Ridzuan bin Adanan

Plaintiff / Respondent (responden/plaintif)

Procedural Posture

Civil Appeal (contract) / High Court Appellate Judgment Affirming Sessions Court Decision

Legal Issues

  1. 1 Whether defendant breached the contract and failed to complete works
  2. 2 Whether plaintiff validly terminated the contract
  3. 3 Whether plaintiff suffered and proved special and general damages and quantum

Ratio Decidendi

The High Court upheld the Sessions Court finding that the defendant breached the contract by failing to complete agreed works despite plaintiff having made required payments; the termination by plaintiff under s40 Contracts Act 1950 was lawful because the breach was fundamental; plaintiff proved special damages and loss leading to an award of RM294,306; appellate intervention was unwarranted as trial findings were not plainly wrong.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed.

Orders

  • Appeal dismissed with costs of RM7,000.00 to be assessed subject to taxation
  • Decision of the Sessions Court (Tn HMS) affirmed awarding total damages RM294,306.00 with interest at 5% per annum on specified amounts from date of writ until full settlement