INTEGRATED TRAINING AND SERVICES SDN BHD (NO SYARIKAT. 601001-V) 1. KERAJAAN MALAYSIA 2. AGENSI PENGUATKUASAAN MARITIM MALAYSIA (APMM) 3. KETUA PENGARAH BAHAGIAN HAL EHWAL PENGUATKUASAAN MARITIM MALAYSIA

INTEGRATED TRAINING AND SERVICES SDN BHD (NO SYARIKAT. 601001-V) 1. KERAJAAN MALAYSIA 2. AGENSI PENGUATKUASAAN MARITIM MALAYSIA (APMM) 3. KETUA PENGARAH BAHAGIAN HAL EHWAL PENGUATKUASAAN MARITIM MALAYSIA

The Court of Appeal held that the Deputy Registrar acted on a wrong principle of law by accepting the auditor's report in the assessment without ensuring the auditor gave sworn evidence and was available for cross-examination after defendants raised meritorious objections; therefore the High Court's order setting aside the Deputy Registrar's assessment and directing appointment of a new auditor for reassessment before the Deputy Registrar was correct and is affirmed

Citation
W-01(IM)(NCVC)-235-07/2017 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Integrated Training And Services Sdn Bhd; Respondent / Defendant: Kerajaan Malaysia; Respondent / Defendant: Agensi Penguatkuasaan Maritim Malaysia (APMM); Respondent / Defendant: Ketua Pengarah Bahagian Hal Ehwal Penguatkuasaan Maritim Malaysia
Court
IM
Jurisdiction
Malaysia
Judgment Date
13 March 2018
Case Number
W-01(IM)(NCVC)-235-07/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Appeal Heard by Court of Appeal; Decision on Interlocutory Assessment and Remittal to High Court for Reassessment by Auditor
Outcome
Appeal dismissed; High Court order dated 16 June 2017 affirmed; matter remitted to High Court for damages reassessment by a newly appointed independent auditor
Legal Topics
Contract Termination, Damages Assessment, Admissibility of Auditor Report, Right to Cross Examine Expert, Res Judicata
Source Language
Malay/English
Contract Civil Procedure Evidence Contract Termination Damages Assessment Admissibility of Auditor Report Right to Cross Examine Expert Res Judicata

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 4 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Integrated Training And Services Sdn Bhd

Appellant / Plaintiff

Kerajaan Malaysia

Respondent / Defendant

Agensi Penguatkuasaan Maritim Malaysia (APMM)

Respondent / Defendant

Ketua Pengarah Bahagian Hal Ehwal Penguatkuasaan Maritim Malaysia

Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal Heard by Court of Appeal; Decision on Interlocutory Assessment and Remittal to High Court for Reassessment by Auditor

Legal Issues

  1. 1 Whether the Deputy Registrar erred in accepting an auditor's report without calling the auditor to give sworn evidence when objections were raised
  2. 2 Whether the auditor's report complied with clause 27.4 of the contract and the Court of Appeal's order
  3. 3 Whether the objections by defendants raised a legitimate challenge requiring a hearing

Ratio Decidendi

The Court of Appeal held that the Deputy Registrar acted on a wrong principle of law by accepting the auditor's report in the assessment without ensuring the auditor gave sworn evidence and was available for cross-examination after defendants raised meritorious objections; therefore the High Court's order setting aside the Deputy Registrar's assessment and directing appointment of a new auditor for reassessment before the Deputy Registrar was correct and is affirmed

Court Disposition

Appeal dismissed; High Court order dated 16 June 2017 affirmed; matter remitted to High Court for damages reassessment by a newly appointed independent auditor

Orders

  • Appeal dismissed
  • Affirmed High Court order dated 16 June 2017 (setting aside Deputy Registrar's assessment)