EXCELJAYA ENGINEERING SDN. BHD. E & L ENGINEERING SDN. BHD.

EXCELJAYA ENGINEERING SDN. BHD. E & L ENGINEERING SDN. BHD.

The High Court held the agreement was valid and enforceable: it was prepared and signed by the Appellant, there was adequate consideration as found by the trial court, the Appellant failed to prove vitiating factors, and the late allegation of duress was contradicted by conduct and prior documents; therefore there was no appealable error in the Sessions Court judgment awarding RM528,555.21.

Citation
WA-12BNCvC-137-10/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: EXCELJAYA ENGINEERING SDN. BHD.; Respondent/plaintiff: E & L ENGINEERING SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 June 2024
Case Number
WA-12BNCvC-137-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Judgment on Appeal (dismissed)
Outcome
Appeal dismissed
Legal Topics
Validity of Agreement, Consideration, Duress and Misrepresentation, Estoppel, Binding Effect of Signature, Costs and Interest
Source Language
Malay/English
Contract Law Company Law Civil Procedure Validity of Agreement Consideration Duress and Misrepresentation Estoppel Binding Effect of Signature +1 more

Case Brief

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Parties

EXCELJAYA ENGINEERING SDN. BHD.

Appellant/defendant

E & L ENGINEERING SDN. BHD.

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / High Court Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether the May 12, 2017 letter agreement was a valid and enforceable contract
  2. 2 Whether the agreement was void for lack of consideration
  3. 3 Whether the agreement was vitiated by duress, misrepresentation or coercion

Ratio Decidendi

The High Court held the agreement was valid and enforceable: it was prepared and signed by the Appellant, there was adequate consideration as found by the trial court, the Appellant failed to prove vitiating factors, and the late allegation of duress was contradicted by conduct and prior documents; therefore there was no appealable error in the Sessions Court judgment awarding RM528,555.21.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • High Court awards costs to Respondent in the sum of RM5,000