ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

Plaintiff's suit dismissed because plaintiff materially departed from pleaded case by admitting only partial completion after trial, failed to prove completion of Phases 3 and 4 or establish entitlement to claimed sums, failed to prove inability to deliver hardcopy due to Covid-19 measures or defendant delay, quantum meruit relief was not pleaded and is unavailable given contractual framework and uncompleted work was of no use to defendant, and LAD refund claim failed because breach pre-dated Covid-19 Act protections; costs awarded to defendants RM40,000.

Citation
WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
Parties
Plaintiff: ATD SOLUTON (M) SDN BHD; 1st Defendant: KEMENTERIAN PENDIDIKAN MALAYSIA; 2nd Defendant: KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 May 2024
Case Number
WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
Procedural Posture
Writ Summons Contractual Dispute / Judgment Following Full Trial
Outcome
Plaintiff's suit dismissed
Legal Topics
Breach of Contract, Quantum Meruit / Section 71 Contracts Act 1950, Liquidated Ascertained Damages (lad), Temporary Measures for Reducing the Impact of Coronavirus Diseases 2019 (covid 19) Act 2020, Burden of Proof (evidence Act 1950)
Source Language
Malay/English
Contract Law Public/government Contracts Statutory Interpretation Evidence Law Breach of Contract Quantum Meruit / Section 71 Contracts Act 1950 Liquidated Ascertained Damages (lad) Temporary Measures for Reducing the Impact of Coronavirus Diseases 2019 (covid 19) Act 2020 +1 more

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Parties

ATD SOLUTON (M) SDN BHD

Plaintiff

KEMENTERIAN PENDIDIKAN MALAYSIA

1st Defendant

KERAJAAN MALAYSIA

2nd Defendant

Procedural Posture

Writ Summons Contractual Dispute / Judgment Following Full Trial

Legal Issues

  1. 1 Is plaintiff entitled to RM 1,178,462.00 for Phases 3 and 4?
  2. 2 Was plaintiff prevented from complying due to Covid-19 lockdown (hardcopy delayed to 01-11-2021)?
  3. 3 Was plaintiff prevented from complying due to delay by 1st defendant in providing feedback?

Ratio Decidendi

Plaintiff's suit dismissed because plaintiff materially departed from pleaded case by admitting only partial completion after trial, failed to prove completion of Phases 3 and 4 or establish entitlement to claimed sums, failed to prove inability to deliver hardcopy due to Covid-19 measures or defendant delay, quantum meruit relief was not pleaded and is unavailable given contractual framework and uncompleted work was of no use to defendant, and LAD refund claim failed because breach pre-dated Covid-19 Act protections; costs awarded to defendants RM40,000.

Court Disposition

Plaintiff's suit dismissed

Orders

  • Judgment entered for defendants
  • Plaintiff to pay defendants' costs of RM 40,000