1. ) NASRUDDIN BIN MAT YUSOF (BA-22NCVC-364-06/2017) (NRIC No.: 610217-03-5561) (trading under the name and style of “Excel Consultant”) 2. ) MASTER PRESTIGE SDN. BHD. (BA-22C-31-08/2018) (Co. No.: 199504-M) 1. ) HAJI MUHAMMAD FITRI BIN ABD

1. ) NASRUDDIN BIN MAT YUSOF (BA-22NCVC-364-06/2017) (NRIC No.: 610217-03-5561) (trading under the name and style of “Excel Consultant”) 2. ) MASTER PRESTIGE SDN. BHD. (BA-22C-31-08/2018) (Co. No.: 199504-M) 1. ) HAJI MUHAMMAD FITRI BIN ABD

The written agreements (FMA, PMCA and Turnkey Contract) unambiguously made all payments to EC and MPSB subject to availability of the Contribution Fund (donations); EC and MPSB were contractually obliged to procure those funds and produced no evidence of having done so; MPSB failed to complete by the contractual Completion Date; therefore plaintiffs cannot recover from PERKIM and cannot rely on s 71, quantum meruit or unjust enrichment; claims are dismissed.

Citation
BA-22NCVC-364-06/2017 & BA-22C-31-08/2018 (Mahkamah Tinggi)
Parties
Plaintiff (project Management Consultant): Nasruddin Bin Mat Yusof (trading as Excel Consultant); Plaintiff (main Contractor): Master Prestige Sdn. Bhd.; Defendant (cited Public Officer): Haji Muhammad Fitri Bin Abdullah (in his capacity as Vice-Chairman and public officer of PERKIM); Employer / Defendant (entity): Pertubuhan Kebajikan Islam Malaysia (PERKIM)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 December 2020
Case Number
BA-22NCVC-364-06/2017 & BA-22C-31-08/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (construction and Contractual Disputes) / Judgment After Trial (final)
Outcome
Judgment for defendant PERKIM on plaintiffs' claims; EC and MPSB claims dismissed; PERKIM counterclaim allowed in MPSB suit but no relief or costs awarded; PERKIM counterclaim in EC suit dismissed; no costs ordered in both suits.
Legal Topics
Contract Interpretation, Payment Provisions (contribution Fund), Breach of Contract, Quantum Meruit, Section 71 Contracts Act (non Gratuitous Act), Unjust Enrichment, Admissibility/backdating of Payment Certificates
Source Language
Malay/English
Contract Law Construction Law Evidence Law Equity and Restitution Charity/fund Management Law Contract Interpretation Payment Provisions (contribution Fund) Breach of Contract +4 more

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Parties

Nasruddin Bin Mat Yusof (trading as Excel Consultant)

Plaintiff (project Management Consultant)

Master Prestige Sdn. Bhd.

Plaintiff (main Contractor)

Haji Muhammad Fitri Bin Abdullah (in his capacity as Vice-Chairman and public officer of PERKIM)

Defendant (cited Public Officer)

Pertubuhan Kebajikan Islam Malaysia (PERKIM)

Employer / Defendant (entity)

Procedural Posture

Civil Suit (construction and Contractual Disputes) / Judgment After Trial (final)

Legal Issues

  1. 1 Whether parties agreed payments for consultant and contractor work were payable only from donor/contribution funds
  2. 2 Whether EC and MPSB breached contractual obligations by failing to procure donations
  3. 3 Whether MPSB breached the turnkey contract by failing to complete by the Completion Date

Ratio Decidendi

The written agreements (FMA, PMCA and Turnkey Contract) unambiguously made all payments to EC and MPSB subject to availability of the Contribution Fund (donations); EC and MPSB were contractually obliged to procure those funds and produced no evidence of having done so; MPSB failed to complete by the contractual Completion Date; therefore plaintiffs cannot recover from PERKIM and cannot rely on s 71, quantum meruit or unjust enrichment; claims are dismissed.

Court Disposition

Judgment for defendant PERKIM on plaintiffs' claims; EC and MPSB claims dismissed; PERKIM counterclaim allowed in MPSB suit but no relief or costs awarded; PERKIM counterclaim in EC suit dismissed; no costs ordered in both suits.

Orders

  • EC's claim (Civil Suit BA-22NCVC-364-06/2017) dismissed
  • PERKIM's counterclaim in EC's Suit dismissed