Syed Izuan bin Syed Kamarulbahrin Facade Treatment Engineering Sdn Bhd (No. Sykt: 572388-D)

Syed Izuan bin Syed Kamarulbahrin Facade Treatment Engineering Sdn Bhd (No. Sykt: 572388-D)

The judge upheld the sessions judge's findings: the appellant failed to prove the steel structures were unsafe (evidence, including the appellant's own witness, undermined the unsafe allegation) and the letters of award did not impose an obligation on the subcontractor to obtain local authority approval; statutory scheme requires a qualified submitting person, not a subcontractor. Accordingly the respondent's claim was allowed and the appellant's counterclaim dismissed.

Citation
12BNCVC-7-01/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Syed Izuan bin Syed Kamarulbahrin; Respondent/plaintiff: Facade Treatment Engineering Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 October 2019
Case Number
12BNCVC-7-01/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Payment Dispute, Subcontracting, Local Authority Building Approval, Engineering Standards
Source Language
Malay/English
Contract Law Construction Law Building Regulations Payment Dispute Subcontracting Local Authority Building Approval Engineering Standards

Case Brief

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Parties

Syed Izuan bin Syed Kamarulbahrin

Appellant/defendant

Facade Treatment Engineering Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff's steel structures were constructed in accordance with engineering standards and therefore liable for non-payment/counterclaim
  2. 2 Whether the plaintiff as subcontractor was obliged to obtain local authority approval (submit Form A) for the works

Ratio Decidendi

The judge upheld the sessions judge's findings: the appellant failed to prove the steel structures were unsafe (evidence, including the appellant's own witness, undermined the unsafe allegation) and the letters of award did not impose an obligation on the subcontractor to obtain local authority approval; statutory scheme requires a qualified submitting person, not a subcontractor. Accordingly the respondent's claim was allowed and the appellant's counterclaim dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of RM15,000.00 awarded (here and below)