DATAMICRON SYSTEMS SDN BHD DATAKRAF SOLUTION SDN BHD

DATAMICRON SYSTEMS SDN BHD DATAKRAF SOLUTION SDN BHD

The court found on the balance of probabilities that the Defendant breached the Teaming Agreement and the CIMS Subcontract and was unjustly enriched; s.71 Contracts Act 1950 supports restitution/quantum meruit where a party lawfully performs services for another and is not to be unjustly enriched; contemporaneous records justified acceptance of 1,709 man-days at a reasonable rate of RM1,500 per man-day, producing RM2,563,500 less RM200,000 already paid = RM2,363,500 awarded together with interest and costs; exemplary and aggravated damages were not justified.

Citation
WA-22NCvC-417-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Datamicron Systems Sdn Bhd; Defendant: Datakraf Solution Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 May 2025
Case Number
WA-22NCvC-417-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil – Breach of Contract and Unjust Enrichment (quantum Meruit) / Judgment After Full Trial
Outcome
Judgment for Plaintiff
Legal Topics
Teaming Agreement, Subcontracting, Section 71 Contracts Act 1950, Quantum Meruit, Man Day Calculation, Interest, Costs, Exemplary and Aggravated Damages
Source Language
Malay/English
Contract Law Restitution/unjust Enrichment Civil Procedure Remedies/damages Teaming Agreement Subcontracting Section 71 Contracts Act 1950 Quantum Meruit +4 more

Case Brief

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Parties

Datamicron Systems Sdn Bhd

Plaintiff

Datakraf Solution Sdn Bhd

Defendant

Procedural Posture

Civil – Breach of Contract and Unjust Enrichment (quantum Meruit) / Judgment After Full Trial

Legal Issues

  1. 1 Whether Defendant breached the Teaming Agreement and the CIMS Subcontract
  2. 2 Whether Plaintiff is entitled to payment for work performed or restitution under s.71 Contracts Act 1950
  3. 3 Appropriate method to quantify loss (man-day calculation) and applicable rate

Ratio Decidendi

The court found on the balance of probabilities that the Defendant breached the Teaming Agreement and the CIMS Subcontract and was unjustly enriched; s.71 Contracts Act 1950 supports restitution/quantum meruit where a party lawfully performs services for another and is not to be unjustly enriched; contemporaneous records justified acceptance of 1,709 man-days at a reasonable rate of RM1,500 per man-day, producing RM2,563,500 less RM200,000 already paid = RM2,363,500 awarded together with interest and costs; exemplary and aggravated damages were not justified.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration that Defendant breached the CIMS Subcontract and Teaming Agreement
  • Damages awarded to Plaintiff in the sum of RM2,363,500.00