JING SHENG CONSTRUCTION & ENGINEERING SDN BHD CRN ENGINEERING (M) SDN BHD

JING SHENG CONSTRUCTION & ENGINEERING SDN BHD CRN ENGINEERING (M) SDN BHD

The trial judge correctly found the invoices were inadequate and inconsistent with proved work, the signatures constituted acknowledgment of receipt not admission of debt, the plaintiff failed to prove quantum on the balance of probabilities, and the High Court will not overturn such fact findings absent a plainly wrong conclusion; appeal dismissed.

Citation
WA-12BC-8-08/2019 & WA-A52C-30-10/2018 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: JING SHENG CONSTRUCTION & ENGINEERING SDN BHD; Respondent/defendant: CRN ENGINEERING (M) SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 July 2020
Case Number
WA-12BC-8-08/2019 & WA-A52C-30-10/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (construction Subcontract Payment Dispute) / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal dismissed.
Legal Topics
Subcontract Payment, Invoices as Admission of Debt, Proof of Work Done, Appellate Review Standard, Part Payment and Estoppel
Source Language
Malay/English
Construction Law Contract Law Evidence Law Subcontract Payment Invoices as Admission of Debt Proof of Work Done Appellate Review Standard Part Payment and Estoppel

Case Brief

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Parties

JING SHENG CONSTRUCTION & ENGINEERING SDN BHD

Appellant/plaintiff

CRN ENGINEERING (M) SDN BHD

Respondent/defendant

Procedural Posture

Civil Appeal (construction Subcontract Payment Dispute) / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether signed invoices and part payment constitute admission of debt
  2. 2 Whether plaintiff proved work done and quantum as invoiced
  3. 3 Whether trial judge committed a reviewable error or was 'plainly wrong'

Ratio Decidendi

The trial judge correctly found the invoices were inadequate and inconsistent with proved work, the signatures constituted acknowledgment of receipt not admission of debt, the plaintiff failed to prove quantum on the balance of probabilities, and the High Court will not overturn such fact findings absent a plainly wrong conclusion; appeal dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs of RM10,000.00 subject to 4% allocator.