SRICOOL ENGINEERING SDN BHD (No. Syarikat : 476441-A) SONG WENG JOO (NO K/P: 750819-07-5397) [Berniaga atas nama dan gaya WJ SONG CONSTRUCTION (M) SDN. BHD. [No. Syarikat: 201701025402 (1239568-D)]

SRICOOL ENGINEERING SDN BHD (No. Syarikat : 476441-A) SONG WENG JOO (NO K/P: 750819-07-5397) [Berniaga atas nama dan gaya WJ SONG CONSTRUCTION (M) SDN. BHD. [No. Syarikat: 201701025402 (1239568-D)]

Appeal allowed because the plaintiff failed to plead particulars or adduce evidence proving the uncertified value of works; the claim was for damages requiring trial and there were bona fide triable issues, thus summary judgment was inappropriate.

Citation
PA-12ANCC-16-10/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant Below: SRICOOL ENGINEERING SDN BHD; Respondent / Plaintiff Below: SONG WENG JOO (WJ SONG CONSTRUCTION (M) SDN. BHD.)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12ANCC-16-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment in Building Contract Dispute / Judgment on Appeal (high Court Allowed Appeal and Set Aside Summary Judgment)
Outcome
Appeal allowed; summary judgment set aside
Legal Topics
Summary Judgment, Uncertified Value of Works, Damages for Breach of Contract, Pleadings and Evidence, Subcontractor Payment Disputes
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Summary Judgment Uncertified Value of Works Damages for Breach of Contract Pleadings and Evidence Subcontractor Payment Disputes

Case Brief

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Parties

SRICOOL ENGINEERING SDN BHD

Appellant / Defendant Below

SONG WENG JOO (WJ SONG CONSTRUCTION (M) SDN. BHD.)

Respondent / Plaintiff Below

Procedural Posture

Civil Appeal Against Summary Judgment in Building Contract Dispute / Judgment on Appeal (high Court Allowed Appeal and Set Aside Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment was appropriate for a claim for uncertified value of works
  2. 2 Whether the plaintiff had pleaded and proved an undisputed debt as distinct from damages
  3. 3 Whether there were triable issues sufficient to defeat summary judgment

Ratio Decidendi

Appeal allowed because the plaintiff failed to plead particulars or adduce evidence proving the uncertified value of works; the claim was for damages requiring trial and there were bona fide triable issues, thus summary judgment was inappropriate.

Court Disposition

Appeal allowed; summary judgment set aside

Orders

  • Summary judgment entered by the Sessions Court is set aside