Sinas Teknik Sdn Bhd Tetuan Foo Hiap Siong & Co.

Sinas Teknik Sdn Bhd Tetuan Foo Hiap Siong & Co.

The appeal was allowed in part because the Statement of Claim did not plead liability for invoices issued to other group companies nor plead particulars to lift the corporate veil or allege fraud; the trial judge erred in awarding sums for unpleaded invoices and in lifting the corporate veil. Only the invoiced amounts for services rendered to Sinas Teknik Sdn Bhd as pleaded are recoverable, totaling RM79,371.70; interest and trial scale costs to be adjusted and appeal costs RM7,000 awarded to the appellant.

Citation
BA-12B-69-07/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Sinas Teknik Sdn. Bhd.; Respondent/plaintiff: Tetuan Foo Hiap Siong & Co
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2023
Case Number
BA-12B-69-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal After Full Trial
Outcome
Appeal allowed in part; judgment reduced from RM233,119.14 to RM79,371.70; interest and trial scale costs to be adjusted accordingly; costs of appeal RM7,000 awarded to Appellant subject to allocator.
Legal Topics
Pleadings and Amendment, Lifting the Corporate Veil, Assessment of Quantum, Legal Professional Fees, Appellate Interference
Source Language
Malay/English
Civil Procedure Company Law Contract Professional Regulation Pleadings Pleadings and Amendment Lifting the Corporate Veil Assessment of Quantum +2 more

Case Brief

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Parties

Sinas Teknik Sdn. Bhd.

Appellant/defendant

Tetuan Foo Hiap Siong & Co

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal After Full Trial

Legal Issues

  1. 1 Whether plaintiff could recover invoices issued to other companies within the same group when the statement of claim did not plead such liability or grounds to lift the corporate veil
  2. 2 Whether the trial court erred in lifting the corporate veil in the absence of pleaded fraud or particulars
  3. 3 Whether the plaintiff could introduce a new cause of action or new ground of claim in the Reply to Defence

Ratio Decidendi

The appeal was allowed in part because the Statement of Claim did not plead liability for invoices issued to other group companies nor plead particulars to lift the corporate veil or allege fraud; the trial judge erred in awarding sums for unpleaded invoices and in lifting the corporate veil. Only the invoiced amounts for services rendered to Sinas Teknik Sdn Bhd as pleaded are recoverable, totaling RM79,371.70; interest and trial scale costs to be adjusted and appeal costs RM7,000 awarded to the appellant.

Court Disposition

Appeal allowed in part; judgment reduced from RM233,119.14 to RM79,371.70; interest and trial scale costs to be adjusted accordingly; costs of appeal RM7,000 awarded to Appellant subject to allocator.

Orders

  • Reduce judgment sum from RM233,119.14 to RM79,371.70
  • Order that interest and scale costs of the trial be adjusted according to the reduced judgment sum