GLOBAL ELECTRICAL & AUTOMATION SDN BHD 1. ) MHMT ENGINEERING SDN BHD 2. ) Ketua Pengarah (Istana Budaya) 3. ) KEMENTERIAN PELANCONGAN SENI DAN BUDAYA 4. ) Jabatan Peguam Negara

GLOBAL ELECTRICAL & AUTOMATION SDN BHD 1. ) MHMT ENGINEERING SDN BHD 2. ) Ketua Pengarah (Istana Budaya) 3. ) KEMENTERIAN PELANCONGAN SENI DAN BUDAYA 4. ) Jabatan Peguam Negara

Court found on the preponderance of documentary and corroborative evidence that Plaintiff executed works to the value of RM1,215,996.20 and is entitled to judgment against 1st Defendant for that sum; D2–D4 were not contractually liable because the Deed of Assignment required certification by D1 which did not occur; Plaintiff's claim for consequential/special damages failed for lack of particularised evidence; 1st Defendant's counterclaim dismissed.

Citation
BA-21NCvC-12-03/2020 (Mahkamah Tinggi)
Parties
Plaintiff: GLOBAL ELECTRICAL & AUTOMATION SDN BHD; 1st Defendant: MHMT ENGINEERING SDN BHD; 2nd Defendant: Ketua Pengarah Istana Budaya; 3rd Defendant: Kementerian Pelancongan Seni dan Budaya; 4th Defendant: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 May 2024
Case Number
BA-21NCvC-12-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (contract) / Judgment (high Court)
Outcome
Judgment for Plaintiff against 1st Defendant; Plaintiff's claims against 2nd–4th Defendants dismissed; 1st Defendant's counterclaim dismissed.
Legal Topics
Deed of Assignment, Interim Payment Certification, Overpayment Adjustment, Special Damages, Certification by Superintending Officer
Source Language
Malay/English
Contract Law Construction Law Government Contracts Evidence Deed of Assignment Interim Payment Certification Overpayment Adjustment Special Damages +1 more

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Parties

GLOBAL ELECTRICAL & AUTOMATION SDN BHD

Plaintiff

MHMT ENGINEERING SDN BHD

1st Defendant

Ketua Pengarah Istana Budaya

2nd Defendant

Kementerian Pelancongan Seni dan Budaya

3rd Defendant

Kerajaan Malaysia

4th Defendant

Procedural Posture

Civil (contract) / Judgment (high Court)

Legal Issues

  1. 1 Whether Plaintiff executed works to the value claimed (RM1,215,996.20)
  2. 2 Whether 2nd–4th Defendants are contractually bound to pay absent certification by 1st Defendant
  3. 3 Whether Plaintiff proved its claim for consequential/special damages (RM1,160,726.80)

Ratio Decidendi

Court found on the preponderance of documentary and corroborative evidence that Plaintiff executed works to the value of RM1,215,996.20 and is entitled to judgment against 1st Defendant for that sum; D2–D4 were not contractually liable because the Deed of Assignment required certification by D1 which did not occur; Plaintiff's claim for consequential/special damages failed for lack of particularised evidence; 1st Defendant's counterclaim dismissed.

Court Disposition

Judgment for Plaintiff against 1st Defendant; Plaintiff's claims against 2nd–4th Defendants dismissed; 1st Defendant's counterclaim dismissed.

Orders

  • Judgment for the Plaintiff against the 1st Defendant for RM1,215,996.20
  • Interest on the judgment sum at 5% per annum from date of judgment until realisation