CCA ADVERTISING SDN BHD 1. LEMBAGA PERINDUSTRIAN NANAS MALAYSIA 2. KEMENTERIAN PERTANIAN DAN INDUSTRI ASAS TANI 3. KERAJAAN MALAYSIA

CCA ADVERTISING SDN BHD 1. LEMBAGA PERINDUSTRIAN NANAS MALAYSIA 2. KEMENTERIAN PERTANIAN DAN INDUSTRI ASAS TANI 3. KERAJAAN MALAYSIA

On the balance of probabilities the Court found an implied contract existed: First Defendant requested Plaintiff to complete the video, Plaintiff completed and delivered it, First Defendant used the video, internal minutes (P10) and letter (P11) constituted admissions/acknowledgement of debt which gave rise to a fresh accrual under Limitation Act s26 so the claim was not time-barred; First Defendant estopped from denying liability, unjust enrichment established, and Plaintiff entitled to quantum assessment, RM20,000 general damages, interest and costs.

Citation
CIVIL SUIT NO. JA-B51NCVC-04-11/2017 (Mahkamah Sesyen)
Parties
Plaintiff: CCA Advertising Sdn Bhd; First Defendant: Lembaga Perindustrian Nanas Malaysia; Second Defendant: Kementerian Pertanian dan Industri Asas Tani; Third Defendant: Kerajaan Malaysia
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
24 March 2020
Case Number
CIVIL SUIT NO. JA-B51NCVC-04-11/2017 (Mahkamah Sesyen)
Procedural Posture
Civil Suit (contract/payment) / Sessions Court Judgment (trial)
Outcome
Judgment for Plaintiff against First Defendant; Plaintiff's claim allowed; Second and Third Defendants previously struck out
Legal Topics
Implied Contract, Acknowledgment of Debt (limitation Act S26), Promissory Estoppel, Detrimental Reliance, Adverse Inference (evidence Act S114), Public Authorities Protection (papa), Assessment of Quantum, Interest and Damages
Source Language
Malay/English
Contract Law Evidence Limitation Law Public Law Equity and Estoppel Restitution/unjust Enrichment Civil Procedure Implied Contract +7 more

Case Brief

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Parties

CCA Advertising Sdn Bhd

Plaintiff

Lembaga Perindustrian Nanas Malaysia

First Defendant

Kementerian Pertanian dan Industri Asas Tani

Second Defendant

Kerajaan Malaysia

Third Defendant

Procedural Posture

Civil Suit (contract/payment) / Sessions Court Judgment (trial)

Legal Issues

  1. 1 Whether an enforceable contract existed between Plaintiff and First Defendant despite no written LO
  2. 2 Whether Minutes (Exhibit P10) were fabricated or genuine and whether Letter (Exhibit P11) constituted acknowledgement of debt
  3. 3 Whether Plaintiff's claim was time-barred under Limitation Act 1953 or Public Authorities Protection Act 1948

Ratio Decidendi

On the balance of probabilities the Court found an implied contract existed: First Defendant requested Plaintiff to complete the video, Plaintiff completed and delivered it, First Defendant used the video, internal minutes (P10) and letter (P11) constituted admissions/acknowledgement of debt which gave rise to a fresh accrual under Limitation Act s26 so the claim was not time-barred; First Defendant estopped from denying liability, unjust enrichment established, and Plaintiff entitled to quantum assessment, RM20,000 general damages, interest and costs.

Court Disposition

Judgment for Plaintiff against First Defendant; Plaintiff's claim allowed; Second and Third Defendants previously struck out

Orders

  • Claim to be assessed by Judge/Registrar for contractual sum (quantum assessment)
  • Awarded general damages RM20,000.00