C.E.L CONSTRUCTION SDN BHD CHUAH KIM CHYE

C.E.L CONSTRUCTION SDN BHD CHUAH KIM CHYE

The High Court found no appealable error in the Sessions Court's factual findings that the respondent had submitted detailed progress claims which the appellant did not dispute, that a Certificate of Fitness was issued (indicating absence of defects), and that the appellant failed to produce cogent independent evidence to support its counterclaim; accordingly the Sessions Court's award of RM510,700.93 with interest and costs was upheld and the counterclaim was dismissed.

Citation
JA-12BNCvC-5-03/2022 (Mahkamah Tinggi)
Parties
Appellant: C.E.L. CONSTRUCTION SDN BHD; Respondent: CHUAH KIM CHYE (BERMUDA ENGINEERING)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 April 2023
Case Number
JA-12BNCvC-5-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Judgment on Appeal (final)
Outcome
Appeal dismissed; decision of the Sessions Court affirmed.
Legal Topics
Progress Claims, Variation Works, Certificate of Fitness, Counterclaim Evidence, Standard of Appellate Review
Source Language
Malay/English
Contract Construction Civil Procedure Debt Recovery Progress Claims Variation Works Certificate of Fitness Counterclaim Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C.E.L. CONSTRUCTION SDN BHD

Appellant

CHUAH KIM CHYE (BERMUDA ENGINEERING)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant owed RM510,700.93 for works including variations
  2. 2 Whether issuance of Certificate of Fitness negates alleged defects
  3. 3 Whether the appellant's counterclaim was supported by cogent evidence to justify set‑off or reduction

Ratio Decidendi

The High Court found no appealable error in the Sessions Court's factual findings that the respondent had submitted detailed progress claims which the appellant did not dispute, that a Certificate of Fitness was issued (indicating absence of defects), and that the appellant failed to produce cogent independent evidence to support its counterclaim; accordingly the Sessions Court's award of RM510,700.93 with interest and costs was upheld and the counterclaim was dismissed.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed.

Orders

  • Appellant to pay Respondent RM510,700.93
  • Interest at 5% per annum from 16.11.2018 until full and final settlement payable by Appellant to Respondent