1. ) IRIS CORPORATION BERHAD 2. ) Low Seong Chuan S & J PARTNERS SDN BHD

1. ) IRIS CORPORATION BERHAD 2. ) Low Seong Chuan S & J PARTNERS SDN BHD

S & J Partners Sdn Bhd, being an unregistered engineering consultancy, is barred by s.7A REA from recovering any remuneration; Low Seng Chuan, a registered professional engineer who personally rendered services, is entitled to recover RM200,000 assessed on a time-cost basis (or quantum meruit under s.71 CA); all other claims and counterclaims are dismissed and each party to bear its own costs.

Citation
WA-22C-42-06/2020 (Mahkamah Tinggi)
Parties
Original Plaintiff and Defendant in Counterclaim: IRIS CORPORATION BERHAD; Original Defendant and Plaintiff in Counterclaim: S & J PARTNERS SDN BHD; Second Plaintiff in Counterclaim: LOW SENG CHUAN (trading as SC CONSULTANT)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 February 2022
Case Number
WA-22C-42-06/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Construction/contract Dispute Involving Professional Regulation / Judgment Grounds of Judgment Delivered
Outcome
Judgment entered for Low Seng Chuan against Iris Corporation Berhad for RM200,000.00 with interest at 5% per annum from date of writ until full settlement; each party to bear its own costs; all other claims and counterclaims dismissed.
Legal Topics
Entitlement to Fees, Registration of Engineers, Quantum Meruit, Illegality of Contract, Adjudication
Source Language
Malay/English
Construction Law Contract Law Professional Regulation Entitlement to Fees Registration of Engineers Quantum Meruit Illegality of Contract Adjudication

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Parties

IRIS CORPORATION BERHAD

Original Plaintiff and Defendant in Counterclaim

S & J PARTNERS SDN BHD

Original Defendant and Plaintiff in Counterclaim

LOW SENG CHUAN (trading as SC CONSULTANT)

Second Plaintiff in Counterclaim

Procedural Posture

Civil Suit Construction/contract Dispute Involving Professional Regulation / Judgment Grounds of Judgment Delivered

Legal Issues

  1. 1 Whether an unregistered engineering consultancy (SJP) can recover fees under s.7A Registration of Engineers Act 1967
  2. 2 Whether SJP and LSC are alter egos such that SJP can recover via LSC's registration
  3. 3 Whether the Contract is void/illegal and effect of ss.66 and 71 Contracts Act 1950

Ratio Decidendi

S & J Partners Sdn Bhd, being an unregistered engineering consultancy, is barred by s.7A REA from recovering any remuneration; Low Seng Chuan, a registered professional engineer who personally rendered services, is entitled to recover RM200,000 assessed on a time-cost basis (or quantum meruit under s.71 CA); all other claims and counterclaims are dismissed and each party to bear its own costs.

Court Disposition

Judgment entered for Low Seng Chuan against Iris Corporation Berhad for RM200,000.00 with interest at 5% per annum from date of writ until full settlement; each party to bear its own costs; all other claims and counterclaims dismissed.

Orders

  • Enter judgment for Low Seng Chuan against Iris Corporation Berhad in the sum of RM200,000.00.
  • Interest at 5% per annum from the date of the writ until full settlement payable on the judgment sum.