SCENIC FAREAST SDN BHD BIFORST LOGISTICS SDN BHD

SCENIC FAREAST SDN BHD BIFORST LOGISTICS SDN BHD

There was no factual basis for estoppel by conduct; on the balance of probabilities the reinstatement costs were more reasonably assessed at RM515,212.00 based on the defendant's invoices and the quantity surveyor's professional estimate; the Sessions Court judgment was therefore set aside and the defendant's appeal allowed.

Citation
BA-12BNCvC-41-10/2023 (Mahkamah Tinggi)
Parties
Appellant (defendant in Trial): Scenic Fareast Sdn Bhd; Respondent (plaintiff in Trial): Biforst Logistics Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 February 2025
Case Number
BA-12BNCvC-41-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court From Sessions Court) / Judgment on Appeal
Outcome
Appeal allowed; Sessions Court judgment set aside; Plaintiff's claim dismissed; Defendant's counterclaim allowed.
Legal Topics
Reinstatement Costs, Deposit Recovery, Estoppel by Conduct, Expert Evidence (quantity Surveyor), Assessment of Damages/costs
Source Language
Malay/English
Contract Landlord and Tenant Civil Procedure Evidence Reinstatement Costs Deposit Recovery Estoppel by Conduct Expert Evidence (quantity Surveyor) +1 more

Case Brief

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Parties

Scenic Fareast Sdn Bhd

Appellant (defendant in Trial)

Biforst Logistics Sdn Bhd

Respondent (plaintiff in Trial)

Procedural Posture

Civil Appeal (high Court From Sessions Court) / Judgment on Appeal

Legal Issues

  1. 1 Whether there was an agreement by estoppel to accept the tenant's contractor quote of RM120,350.00
  2. 2 Whether the Sessions Court was plainly wrong in its assessment of reinstatement costs
  3. 3 What sum represents reasonable reinstatement costs on the balance of probabilities

Ratio Decidendi

There was no factual basis for estoppel by conduct; on the balance of probabilities the reinstatement costs were more reasonably assessed at RM515,212.00 based on the defendant's invoices and the quantity surveyor's professional estimate; the Sessions Court judgment was therefore set aside and the defendant's appeal allowed.

Court Disposition

Appeal allowed; Sessions Court judgment set aside; Plaintiff's claim dismissed; Defendant's counterclaim allowed.

Orders

  • Set aside the Sessions Court judgment
  • Dismiss the Plaintiff's claim