Siak Siong Construction Sdn Bhd 1. AJ Corp Sdn Bhd (in liquidation) 2. Perbadanan Kemajuan Negeri Selangor 3. Selangor Industiral Corporation Sdn Bhd

Siak Siong Construction Sdn Bhd 1. AJ Corp Sdn Bhd (in liquidation) 2. Perbadanan Kemajuan Negeri Selangor 3. Selangor Industiral Corporation Sdn Bhd

Although the termination may have been effected by an officer not strictly authorised under Clause 4.1(b), PKNS successfully raised a triable issue of estoppel by acquiescence based on the parties' post‑termination conduct; that triable issue prevents a summary determination under Order 14/14A, therefore the application for summary judgment is dismissed.

Citation
BA-22NCVC-644-12/2018 (Mahkamah Tinggi)
Parties
Plaintiff (main): SIAK SIONG CONSTRUCTION SDN BHD; 1st Defendant / Counter‑claimant: AJ CORP SDN BHD (in liquidation); 2nd Defendant: PERBADANAN KEMAJUAN NEGERI SELANGOR; 3rd Defendant: SELANGOR INDUSTRIAL CORPORATION SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 March 2021
Case Number
BA-22NCVC-644-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment Application / Application for Summary Judgment Under Order 14/14 a (interlocutory)
Outcome
Application for summary judgment dismissed
Legal Topics
Termination of Contract, Authority to Terminate, Construction of Contract, Acquiescence/estoppel, Order 14 Summary Judgment
Source Language
Malay/English
Contract Law Civil Procedure Equitable Estoppel Termination of Contract Authority to Terminate Construction of Contract Acquiescence/estoppel Order 14 Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

SIAK SIONG CONSTRUCTION SDN BHD

Plaintiff (main)

AJ CORP SDN BHD (in liquidation)

1st Defendant / Counter‑claimant

PERBADANAN KEMAJUAN NEGERI SELANGOR

2nd Defendant

SELANGOR INDUSTRIAL CORPORATION SDN BHD

3rd Defendant

Procedural Posture

Civil Summary Judgment Application / Application for Summary Judgment Under Order 14/14 a (interlocutory)

Legal Issues

  1. 1 Whether termination letter was invalid because signed by PKNS CEO instead of Dato' Menteri Besar as required by contract
  2. 2 Whether AJ Corp is estopped by acquiescence from challenging the termination
  3. 3 Whether the matter is suitable for summary determination under Order 14/14A

Ratio Decidendi

Although the termination may have been effected by an officer not strictly authorised under Clause 4.1(b), PKNS successfully raised a triable issue of estoppel by acquiescence based on the parties' post‑termination conduct; that triable issue prevents a summary determination under Order 14/14A, therefore the application for summary judgment is dismissed.

Court Disposition

Application for summary judgment dismissed

Orders

  • Application (Enclosure 53) dismissed with costs in the cause