Hock Kheng Construction Sdn Bhd Juntal Engineering Sdn Bhd

Hock Kheng Construction Sdn Bhd Juntal Engineering Sdn Bhd

The Sessions Court correctly found the plaintiff proved completion of works by production of completion/certification letters and the defendant failed to adduce evidence from SWM to substantiate its defence that payment was withheld for unsatisfactory work; those factual findings were not plainly wrong and consequently the appeal is dismissed and the Sessions Court judgment affirmed.

Citation
PA-12BNCvC-72-12/2020 (Mahkamah Tinggi)
Parties
Appellant/defendant: HOCK KHENG CONSTRUCTION SDN. BHD.; Respondent/plaintiff: JUNTAL ENGINEERING SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 May 2022
Case Number
PA-12BNCvC-72-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Appeal (hearing and Determination)
Outcome
Appeal dismissed; judgment of the learned Sessions Court Judge affirmed.
Legal Topics
Payment Dispute, Lump Sum Contract, Res Judicata, Judicial Appreciation of Evidence
Source Language
Malay/English
Contract Law Construction Law Civil Procedure Adjudication (cipaa) Payment Dispute Lump Sum Contract Res Judicata Judicial Appreciation of Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

HOCK KHENG CONSTRUCTION SDN. BHD.

Appellant/defendant

JUNTAL ENGINEERING SDN. BHD.

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / High Court Appeal (hearing and Determination)

Legal Issues

  1. 1 Whether the plaintiff proved entitlement to the balance payment of the contract
  2. 2 Whether payment was conditional on the employer (SWM) first paying the defendant
  3. 3 Whether the Sessions Court's factual findings were plainly wrong and subject to appellate interference

Ratio Decidendi

The Sessions Court correctly found the plaintiff proved completion of works by production of completion/certification letters and the defendant failed to adduce evidence from SWM to substantiate its defence that payment was withheld for unsatisfactory work; those factual findings were not plainly wrong and consequently the appeal is dismissed and the Sessions Court judgment affirmed.

Court Disposition

Appeal dismissed; judgment of the learned Sessions Court Judge affirmed.

Orders

  • Appeal dismissed with costs
  • Judgment of the learned Sessions Court Judge affirmed