JM LETRIK SDN. BHD. 1. ) IR TS. HAJI KAMARUZAMAN BIN KASIMIN 2. ) JABATAN KERJARAYA JOHOR 3. ) Kerajaan Malaysia

JM LETRIK SDN. BHD. 1. ) IR TS. HAJI KAMARUZAMAN BIN KASIMIN 2. ) JABATAN KERJARAYA JOHOR 3. ) Kerajaan Malaysia

Appeal dismissed because collectively the contractual clauses establish no privity or government liability to the nominated sub-contractor, the appellant had knowledge of and acquiesced to LAD deductions (and failed to invoice or protest), and the appellant's reliance on contractual rates precludes a quantum meruit restitutionary remedy; accordingly the claim disclosed no triable issue and was properly struck out under Order 18.

Citation
JB-12AC-1-06/2023 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: JM LETRIK SDN. BHD.; Respondent 1 (ketua Jurutera Elektrik Negeri Johor / Superintending Officer): IR TS. HAJI KAMARUZAMAN BIN KASIMIN; Respondent 2: JABATAN KERJA RAYA NEGERI JOHOR; Respondent 3 (employer/government): KERAJAAN MALAYSIA; Defendant in Lower Court / Respondent: CLEAN IMAGE SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 November 2023
Case Number
JB-12AC-1-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment (hearing De Novo on Appeal)
Outcome
Appeal dismissed; decision of the Sessions Court dated 19.6.2023 affirmed with costs.
Legal Topics
Privity of Contract, Nominated Sub Contractor, Liquidated Ascertained Damages (lad), Quantum Meruit, Strike Out Under Order 18/rule 19, Payment Certification
Source Language
Malay/English
Contract Construction Civil Procedure Privity of Contract Nominated Sub Contractor Liquidated Ascertained Damages (lad) Quantum Meruit Strike Out Under Order 18/rule 19 +1 more

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Parties

JM LETRIK SDN. BHD.

Appellant / Plaintiff

IR TS. HAJI KAMARUZAMAN BIN KASIMIN

Respondent 1 (ketua Jurutera Elektrik Negeri Johor / Superintending Officer)

JABATAN KERJA RAYA NEGERI JOHOR

Respondent 2

KERAJAAN MALAYSIA

Respondent 3 (employer/government)

CLEAN IMAGE SDN. BHD.

Defendant in Lower Court / Respondent

Procedural Posture

Civil Appeal / Judgment (hearing De Novo on Appeal)

Legal Issues

  1. 1 Whether a privity of contract exists between the nominated sub-contractor and the Government/employer such as to render the Government liable to the sub-contractor
  2. 2 Whether the Government is liable for payments certified to nominated sub-contractors where main contract clauses exclude government liability
  3. 3 Whether the appellant acquiesced to LAD deductions and is estopped from claiming the deducted sums

Ratio Decidendi

Appeal dismissed because collectively the contractual clauses establish no privity or government liability to the nominated sub-contractor, the appellant had knowledge of and acquiesced to LAD deductions (and failed to invoice or protest), and the appellant's reliance on contractual rates precludes a quantum meruit restitutionary remedy; accordingly the claim disclosed no triable issue and was properly struck out under Order 18.

Court Disposition

Appeal dismissed; decision of the Sessions Court dated 19.6.2023 affirmed with costs.

Orders

  • Appeal dismissed with costs
  • Decision of Sessions Court dated 19 June 2023 affirmed