FGV PRODATA SYSTEMS SENDIRIAN BERHAD 1. ) NEC CORPORATION OF MALAYSIA SENDIRIAN BERHAD 2. ) NEC CAPITAL SOLUTIONS MALAYSIA SENDIRIAN BERHAD PIHAK KETIGA Shinryu Co Sdn Bhd

FGV PRODATA SYSTEMS SENDIRIAN BERHAD 1. ) NEC CORPORATION OF MALAYSIA SENDIRIAN BERHAD 2. ) NEC CAPITAL SOLUTIONS MALAYSIA SENDIRIAN BERHAD PIHAK KETIGA Shinryu Co Sdn Bhd

On the balance of probabilities the court found delivery occurred to the contractual recipient Hualang at the Maju Intan Plant as evidenced by the Shinryu delivery order signed and stamped by Hualang, the plaintiff's own contemporaneous packing list/checklist/certificate of completion and, critically, the plaintiff CEO's email confirming personal verification; therefore representations were not false, plaintiff did not rely on false representations, plaintiff is estopped by its conduct and delay, the misrepresentation claims fail, the HPA remains valid, the 2nd Defendant's counterclaim lacked evidential proof and the 1st Defendant's third party claim against Shinryu is moot and dismissed.

Citation
WA-22NCC-139-03/2023 (Mahkamah Tinggi)
Parties
Plaintiff: FGV Prodata Systems Sdn. Bhd.; 1st Defendant: NEC Corporation of Malaysia Sdn. Bhd.; 2nd Defendant: NEC Capital Solutions Malaysia Sdn. Bhd.; Third Party: Shinryu Co Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 August 2025
Case Number
WA-22NCC-139-03/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Division High Court Civil Suit / Judgment (grounds of Judgment Delivered)
Outcome
Plaintiff's claims against 1st and 2nd Defendants dismissed with costs; 2nd Defendant's counterclaim dismissed with costs; 1st Defendant's third party claim against Shinryu dismissed with no order as to costs.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Estoppel and Acquiescence, Indemnity and Contribution, Unjust Enrichment, Acceptance of Delivery, Hire Purchase Agreement, Bank Guarantee, Burden of Proof, Adverse Inference for Failure to Call Witnesses, Turquand Rule (indoor Management)
Source Language
Malay/English
Contract Law Tort (misrepresentation) Commercial Law Evidence Law Equity and Restitution Financial Services / Hire Purchase Fraudulent Misrepresentation Negligent Misrepresentation +9 more

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Parties

FGV Prodata Systems Sdn. Bhd.

Plaintiff

NEC Corporation of Malaysia Sdn. Bhd.

1st Defendant

NEC Capital Solutions Malaysia Sdn. Bhd.

2nd Defendant

Shinryu Co Sdn Bhd

Third Party

Procedural Posture

Commercial Division High Court Civil Suit / Judgment (grounds of Judgment Delivered)

Legal Issues

  1. 1 Whether the 1st Defendant represented that delivery and installation occurred on 14.4.2021
  2. 2 Whether such representations were false, negligent or fraudulent
  3. 3 If different representations were made, their nature

Ratio Decidendi

On the balance of probabilities the court found delivery occurred to the contractual recipient Hualang at the Maju Intan Plant as evidenced by the Shinryu delivery order signed and stamped by Hualang, the plaintiff's own contemporaneous packing list/checklist/certificate of completion and, critically, the plaintiff CEO's email confirming personal verification; therefore representations were not false, plaintiff did not rely on false representations, plaintiff is estopped by its conduct and delay, the misrepresentation claims fail, the HPA remains valid, the 2nd Defendant's counterclaim lacked evidential proof and the 1st Defendant's third party claim against Shinryu is moot and dismissed.

Court Disposition

Plaintiff's claims against 1st and 2nd Defendants dismissed with costs; 2nd Defendant's counterclaim dismissed with costs; 1st Defendant's third party claim against Shinryu dismissed with no order as to costs.

Orders

  • Plaintiff's claims against the 1st Defendant and 2nd Defendant dismissed with costs.
  • The 2nd Defendant's counterclaim against the Plaintiff is dismissed with costs.