GLOBAL FIBER TRENCHERS SDN. BHD. EMNES METAL SDN BHD

GLOBAL FIBER TRENCHERS SDN. BHD. EMNES METAL SDN BHD

Counterclaim was struck out as obviously unsustainable: s.66 Contracts Act 1950 permits restitution to prevent unjust enrichment where plaintiff performed works and incurred costs despite lack of statutory permit; defendant authorised continuation of works and accepted payment and therefore is estopped from seeking refund; lack of approval by third party Reneuco does not give defendant a cause of action due to absence of privity.

Citation
WA-A52C-27-05/2025 (Mahkamah Sesyen)
Parties
Plaintif: Global Fiber Trenchers Sdn. Bhd.; Defendan: Emnes Metal Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 February 2026
Case Number
WA-A52C-27-05/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Contract / Application to Strike Out Counterclaim Under Order 18 R.19(1)(b) & (d) Kaedah Kaedah Mahkamah 2012
Outcome
Tuntutan Balas ditolak (struck out) as obviously unsustainable
Legal Topics
Illegality, Section 66 Contracts Act 1950, Approbate and Reprobate, Summary Dismissal of Pleadings, Privity
Source Language
Malay/English
Contract Civil Procedure Restitution Estoppel Privity of Contract Illegality Section 66 Contracts Act 1950 Approbate and Reprobate +2 more

Case Brief

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Parties

Global Fiber Trenchers Sdn. Bhd.

Plaintif

Emnes Metal Sdn Bhd

Defendan

Procedural Posture

Civil Contract / Application to Strike Out Counterclaim Under Order 18 R.19(1)(b) & (d) Kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether counterclaim alleging illegality for lack of JKR permit disclosed reasonable cause of action
  2. 2 Whether s.66 Contracts Act 1950 permits restitution despite illegality to prevent unjust enrichment
  3. 3 Whether defendant is estopped from denying contract after accepting payment and authorising works (approbate and reprobate)

Ratio Decidendi

Counterclaim was struck out as obviously unsustainable: s.66 Contracts Act 1950 permits restitution to prevent unjust enrichment where plaintiff performed works and incurred costs despite lack of statutory permit; defendant authorised continuation of works and accepted payment and therefore is estopped from seeking refund; lack of approval by third party Reneuco does not give defendant a cause of action due to absence of privity.

Court Disposition

Tuntutan Balas ditolak (struck out) as obviously unsustainable

Orders

  • Tuntutan Balas Defendan ditolak under Order 18 r.19(1)(b) & (d) Kaedah-Kaedah Mahkamah 2012
  • Costs to Plaintif