SIN YAP EXCAVATING & BUILDING WORKS 1. ) TAN KIM TIONG 2. ) TAN CHERK YIK

SIN YAP EXCAVATING & BUILDING WORKS 1. ) TAN KIM TIONG 2. ) TAN CHERK YIK

The High Court upheld the Sessions Court on Pasir Raja because the agreement was validly executed in counterpart and exchanged by email (primary evidence), the trial judge permissibly admitted the agreement under s.73A discretion, and the site manager's direct, audiovisual-assessed evidence that Plaintif performed and completed the works was credible such that the finding of completion was not plainly wrong; the Ayer Hitam claim failed because the alleged oral contract and quantum meruit were not pleaded and therefore could not be adjudicated. Costs for the appeals were fixed at RM8,000 each subject to taxation.

Citation
JA-12BNCC-12-08/2025 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Sin Yap Excavating & Building Works; Defendant/respondent/appellant: Tan Kim Tiong; Defendant/respondent/appellant: Tan Cherk Yik
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 April 2026
Case Number
JA-12BNCC-12-08/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appellate Decision on Two Civil Appeals From Sessions Court Judgment
Outcome
Both appeals dismissed; Sessions Court judgment upheld in full.
Legal Topics
Validity of Contract, Proof of Performance/completion, Sufficiency of Pleading, Admissibility of Documents (s.73 a Evidence Act), Counterpart Execution and Email Communications, Without Prejudice Communications (s.23 Evidence Act), Adverse Inference (s.114 Evidence Act), Quantum Meruit (s.71 Contracts Act)
Source Language
Malay/English
Contract Evidence Civil Procedure Restitution (quantum Meruit) Forgery/commercial Documents Validity of Contract Proof of Performance/completion Sufficiency of Pleading +5 more

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Parties

Sin Yap Excavating & Building Works

Plaintiff/appellant

Tan Kim Tiong

Defendant/respondent/appellant

Tan Cherk Yik

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / High Court Appellate Decision on Two Civil Appeals From Sessions Court Judgment

Legal Issues

  1. 1 Whether the agreement dated 27.08.2019 was valid and binding (Rayuan No.11)
  2. 2 Whether Plaintiff proved completion of contract works at Felda Pasir Raja (Rayuan No.11)
  3. 3 Whether Plaintiff's claim for works at Felda Ayer Hitam was properly pleaded and admissible (Rayuan No.12)

Ratio Decidendi

The High Court upheld the Sessions Court on Pasir Raja because the agreement was validly executed in counterpart and exchanged by email (primary evidence), the trial judge permissibly admitted the agreement under s.73A discretion, and the site manager's direct, audiovisual-assessed evidence that Plaintif performed and completed the works was credible such that the finding of completion was not plainly wrong; the Ayer Hitam claim failed because the alleged oral contract and quantum meruit were not pleaded and therefore could not be adjudicated. Costs for the appeals were fixed at RM8,000 each subject to taxation.

Court Disposition

Both appeals dismissed; Sessions Court judgment upheld in full.

Orders

  • Rayuan No.11 (JA-12BNCC-11-08/2025) dismissed; Sessions Court judgment awarding RM711,922.76 for works at Felda Pasir Raja with interest at 5% per annum from date of judgment and costs of RM20,000 upheld
  • Rayuan No.12 (JA-12BNCC-12-08/2025) dismissed; Sessions Court refusal of RM270,404.19 claim for works at Felda Ayer Hitam upheld