RAPS SOLUTIONS SDN BHD Q- HORIZON SDN BHD

RAPS SOLUTIONS SDN BHD Q- HORIZON SDN BHD

The credit note dated 25/05/2021, corroborated by contemporaneous correspondence and the defendant's admission regarding its validity, established the defendant's obligation to refund RM722,000 to the plaintiff; the defendant failed to convincingly prove its counterclaim which lacked reliable contemporaneous proof and prior demand, and an adverse inference was drawn for failure to call a material witness.

Citation
WA-B52C-17-05/2023 (Mahkamah Sesyen)
Parties
Plaintiff / Main Contractor: RAP SOLUTIONS SDN BHD; Defendant / Sub Contractor: Q-HORIZON SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
2 October 2024
Case Number
WA-B52C-17-05/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Contractual Dispute (construction/subcontracting) / Sessions Court Judgment (trial)
Outcome
Plaintiff's claim allowed; Defendant's counterclaim dismissed
Legal Topics
Credit Note / Refund, Subcontract Termination and Substitution, Counterclaim, Adverse Inference, Burden of Proof, Documentary Evidence
Source Language
Malay/English
Contract Law Commercial Law Construction Law Evidence Law Credit Note / Refund Subcontract Termination and Substitution Counterclaim Adverse Inference +2 more

Case Brief

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Parties

RAP SOLUTIONS SDN BHD

Plaintiff / Main Contractor

Q-HORIZON SDN BHD

Defendant / Sub Contractor

Procedural Posture

Civil Contractual Dispute (construction/subcontracting) / Sessions Court Judgment (trial)

Legal Issues

  1. 1 Whether the defendant was obligated to refund RM722,000 to the plaintiff pursuant to the credit note and agreed arrangement
  2. 2 Whether the defendant was entitled to succeed in its counterclaim totalling RM999,495.47

Ratio Decidendi

The credit note dated 25/05/2021, corroborated by contemporaneous correspondence and the defendant's admission regarding its validity, established the defendant's obligation to refund RM722,000 to the plaintiff; the defendant failed to convincingly prove its counterclaim which lacked reliable contemporaneous proof and prior demand, and an adverse inference was drawn for failure to call a material witness.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim dismissed

Orders

  • Defendant Q-Horizon Sdn Bhd to refund RM722000.00 to Plaintiff RAP Solutions Sdn Bhd
  • Defendant's counterclaim of RM999,495.47 dismissed