IRIS CORPORATION BERHAD SHAHARUDDIN BIN ZAINUDDIN

IRIS CORPORATION BERHAD SHAHARUDDIN BIN ZAINUDDIN

The High Court upheld the Sessions Court finding that the plaintiff had discharged its contractual obligations under the Letter of Appointment, that submission of a Work Report was not an express or implied condition precedent to payment and the defendant failed to prove breach; accordingly the Sessions Court judgment awarding the plaintiff is affirmed and the defendant's appeal and counterclaim are dismissed.

Citation
WA-12BNCvC-17-02/2022 (Mahkamah Tinggi)
Parties
Perayu / Plaintif: IRIS CORPORATION BERHAD; Responden / Defendan: SHAHARUDDIN BIN ZAINUDDIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2023
Case Number
WA-12BNCvC-17-02/2022 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil (civil) Appeal From Sessions Court / High Court Decision on Appeal
Outcome
Appeal dismissed; Sessions Court judgment upheld; defendant's counterclaim dismissed.
Legal Topics
Breach of Contract, Performance Fee, Condition Precedent, Res Judicata, Costs, Quantification of Damages
Source Language
Malay/English
Contract Civil Procedure Commercial Law Breach of Contract Performance Fee Condition Precedent Res Judicata Costs +1 more

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Parties

IRIS CORPORATION BERHAD

Perayu / Plaintif

SHAHARUDDIN BIN ZAINUDDIN

Responden / Defendan

Procedural Posture

Guaman Sivil (civil) Appeal From Sessions Court / High Court Decision on Appeal

Legal Issues

  1. 1 Whether plaintiff performed contractual obligations under the Letter of Appointment
  2. 2 Whether submission of a Work Report was a condition precedent to payment
  3. 3 Whether defendant proved breach and was entitled to set-off/counterclaim

Ratio Decidendi

The High Court upheld the Sessions Court finding that the plaintiff had discharged its contractual obligations under the Letter of Appointment, that submission of a Work Report was not an express or implied condition precedent to payment and the defendant failed to prove breach; accordingly the Sessions Court judgment awarding the plaintiff is affirmed and the defendant's appeal and counterclaim are dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment upheld; defendant's counterclaim dismissed.

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed