ASIA GROUP SDN. BHD. (NO. SYARIKAT : 202054-U) WORTHY BUILDERS SDN. BHD. (NO. SYARIKAT : 248077-U)

ASIA GROUP SDN. BHD. (NO. SYARIKAT : 202054-U) WORTHY BUILDERS SDN. BHD. (NO. SYARIKAT : 248077-U)

The court upheld the trial findings that the plaintiff breached the subcontract by failing to perform the contracted T‑Beam works and issuing irregular invoices, that the parties had agreed to direct payment by PSSB, and that on the balance of probabilities the plaintiff failed to prove its claim; the trial judge's factual findings and credibility assessments were entitled to deference and thus the plaintiff's claim was dismissed.

Citation
WA-12BNCVC-23-03/2019 (Mahkamah Tinggi)
Parties
Perayu/plaintif: Asia Group Sdn. Bhd.; Responden/defendan: Worthy Builders Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2019
Case Number
WA-12BNCVC-23-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court to High Court (appellate Review) / Appellate Judgment on Merits
Outcome
Plaintiff's claim dismissed; decision of the Sessions Court affirmed
Legal Topics
Breach of Subcontract, Direct Payment/authorization by Third Party, Estoppel, Damages and Mitigation, Costs, Adverse Inference for Non‑production of Witness
Source Language
Malay/English
Contract Law Construction Law Commercial Law Civil Procedure Evidence Breach of Subcontract Direct Payment/authorization by Third Party Estoppel +3 more

Case Brief

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Parties

Asia Group Sdn. Bhd.

Perayu/plaintif

Worthy Builders Sdn. Bhd.

Responden/defendan

Procedural Posture

Civil Appeal From Sessions Court to High Court (appellate Review) / Appellate Judgment on Merits

Legal Issues

  1. 1 Whether the plaintiff breached the subcontract by failing to perform specified "T‑Beam" works and issuing irregular invoices
  2. 2 Whether an oral agreement and subsequent letter of authorization for direct payment by PSSB extinguished defendant's liability for the invoices
  3. 3 Whether defendant suffered recoverable loss and the quantum of such loss

Ratio Decidendi

The court upheld the trial findings that the plaintiff breached the subcontract by failing to perform the contracted T‑Beam works and issuing irregular invoices, that the parties had agreed to direct payment by PSSB, and that on the balance of probabilities the plaintiff failed to prove its claim; the trial judge's factual findings and credibility assessments were entitled to deference and thus the plaintiff's claim was dismissed.

Court Disposition

Plaintiff's claim dismissed; decision of the Sessions Court affirmed

Orders

  • Plaintiff's claim dismissed with costs of RM25000 subject to allocatur
  • Sessions Court judgment affirmed including the defendant's counterclaim findings (as per Sessions Court)