1. PEMBINAAN SPK SDN BHD (Syarikat No. 122900-W) 2. BINA PURI HOLDINGS BHD (Syarikat No. 207184-X) CONAIRE ENGINEERING SDN BHD-L.L.C

1. PEMBINAAN SPK SDN BHD (Syarikat No. 122900-W) 2. BINA PURI HOLDINGS BHD (Syarikat No. 207184-X) CONAIRE ENGINEERING SDN BHD-L.L.C

On the totality of evidence and witness credibility the Court of Appeal held the Abu Dhabi judgment was proven on the balance of probabilities, the defendants were the parties named in the ADJ, the translations and trade licences were properly admissible under s.73A given the circumstances, the Kesavan solicitor's letter amounted to an admission that undermined defendants' denials, and therefore the ADJ was enforceable in Malaysia; appeal dismissed.

Citation
W-02(NCvC)(W)-307-02/2019 (Mahkamah Rayuan)
Parties
First Appellant / Defendant: Pembinaan SPK Sdn Bhd; Second Appellant / Defendant: Bina Puri Holdings Bhd; Respondent / Plaintiff: Conaire Engineering Sdn Bhd-L.L.C
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
3 February 2021
Case Number
W-02(NCvC)(W)-307-02/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (hearing and Decision)
Outcome
Appeal dismissed
Legal Topics
Enforcement of Foreign Judgments, Documentary Evidence and Translations, Section 73 a Evidence Act 1950, Pay When Paid Clause, Non Joinder, Admission by Solicitor's Letter
Source Language
Malay/English
Enforcement of Foreign Judgments Evidence Contract Law Civil Procedure Conflict of Laws Documentary Evidence and Translations Section 73 a Evidence Act 1950 Pay When Paid Clause +2 more

Case Brief

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Parties

Pembinaan SPK Sdn Bhd

First Appellant / Defendant

Bina Puri Holdings Bhd

Second Appellant / Defendant

Conaire Engineering Sdn Bhd-L.L.C

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment (hearing and Decision)

Legal Issues

  1. 1 Whether the Abu Dhabi judgment (ADJ) was proven and admissible under the Evidence Act 1950
  2. 2 Whether the defendants named in the Malaysian action are the entities identified in the ADJ
  3. 3 Whether the ADJ is enforceable in Malaysia as a foreign judgment

Ratio Decidendi

On the totality of evidence and witness credibility the Court of Appeal held the Abu Dhabi judgment was proven on the balance of probabilities, the defendants were the parties named in the ADJ, the translations and trade licences were properly admissible under s.73A given the circumstances, the Kesavan solicitor's letter amounted to an admission that undermined defendants' denials, and therefore the ADJ was enforceable in Malaysia; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Each appellant to pay RM10,000.00 to the respondent as costs (subject to allocator)