ONN CONSTRUCTION WORKS KOPERASI PENEROKA - PENEROKA FELDA TENGGAROH ENAM BERHAD

ONN CONSTRUCTION WORKS KOPERASI PENEROKA - PENEROKA FELDA TENGGAROH ENAM BERHAD

Appeal dismissed because the appeal record was non-compliant (missing mandatory notes of evidence) and the plaintiff lacked legal capacity to sue in the firm name; on the merits the trial judge's findings on credibility, insufficiency of documentary proof for claimed 48% progress and proper exclusion of uncertified photographs were reasonable and not plainly wrong; lower court decision dated 13.6.2022 is upheld and costs awarded to respondent.

Citation
JB-12BNCvC-8-07/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ONN CONSTRUCTION WORKS (No. Pendaftaran Perniagaan: JM0301707-A); Respondent/defendant: Koperasi Peneroka-Peneroka Felda Tenggaroh Enam Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 May 2023
Case Number
JB-12BNCvC-8-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Contract Performance and Payment, Liquidated and Ascertained Damages (lad), Extension of Time (eot), Variation Orders (vo), Appeal Record Requirements, Capacity to Sue (sole Proprietorship), Admissibility of Photographic Evidence Under S.90 a, Credibility of Interested Witness, Appellate Interference Standards
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Evidence Law Contract Performance and Payment Liquidated and Ascertained Damages (lad) Extension of Time (eot) Variation Orders (vo) +5 more

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Parties

ONN CONSTRUCTION WORKS (No. Pendaftaran Perniagaan: JM0301707-A)

Appellant/plaintiff

Koperasi Peneroka-Peneroka Felda Tenggaroh Enam Berhad

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Appeal

Legal Issues

  1. 1 Whether the appeal record was defective for omission of notes of evidence and whether that defect is fatal
  2. 2 Whether the plaintiff (sole proprietorship trading as Onn Construction Works) had legal capacity to sue in the firm name
  3. 3 Whether the trial judge was plainly wrong in finding the plaintiff failed to prove entitlement to RM334,885.38 for alleged 48% works completion

Ratio Decidendi

Appeal dismissed because the appeal record was non-compliant (missing mandatory notes of evidence) and the plaintiff lacked legal capacity to sue in the firm name; on the merits the trial judge's findings on credibility, insufficiency of documentary proof for claimed 48% progress and proper exclusion of uncertified photographs were reasonable and not plainly wrong; lower court decision dated 13.6.2022 is upheld and costs awarded to respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs to respondent
  • Decision of Sessions Court dated 13.6.2022 upheld