Bolt Industries Sdn Bhd Itramas Re Services Sdn Bhd

Bolt Industries Sdn Bhd Itramas Re Services Sdn Bhd

Court found Defendant proved entitlement to deduct RM42,930 for the 53 damaged PV modules (admitted by Plaintiff) but failed to prove entitlement to deduct RM54,351.12 as liquidated damages and RM18,800 as third‑party completion costs; delay was attributable to Defendant so LAD was not payable; Defendant had not shown actual payment to third party or that Plaintiff had been paid for those missing works; hence Plaintiff entitled to recover RM73,151.12 (RM54,351.12 + RM18,800.00) with 5% interest from 20.7.2019; costs to be borne by parties themselves.

Citation
BA-12BC-3-02/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Bolt Industries Sdn Bhd; Respondent/defendant: Itramas Re Services Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 June 2024
Case Number
BA-12BC-3-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Rehearing on Appeal (order 55 ROC 2012; S.29 Courts of Judicature Act 1964)
Outcome
Appeal allowed in part in favour of Plaintiff; Defendant ordered to pay Plaintiff RM73,151.12 with interest; costs to be borne by parties themselves
Legal Topics
Liquidated Damages, Backcharges, Subcontract, Final Account, Demobilisation, Delay, CIPAA Payment Claim
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Evidence Law Liquidated Damages Backcharges Subcontract Final Account +3 more

Case Brief

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Parties

Bolt Industries Sdn Bhd

Appellant/plaintiff

Itramas Re Services Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / High Court Rehearing on Appeal (order 55 ROC 2012; S.29 Courts of Judicature Act 1964)

Legal Issues

  1. 1 Whether Defendant entitled to deduct RM116,081.12 from Final Account comprising RM42,930.00 (damaged PV modules), RM54,351.12 (LAD) and RM18,800.00 (third party completion costs)
  2. 2 Whether Plaintiff entitled to claim RM34,450.00 for additional work outside LOA

Ratio Decidendi

Court found Defendant proved entitlement to deduct RM42,930 for the 53 damaged PV modules (admitted by Plaintiff) but failed to prove entitlement to deduct RM54,351.12 as liquidated damages and RM18,800 as third‑party completion costs; delay was attributable to Defendant so LAD was not payable; Defendant had not shown actual payment to third party or that Plaintiff had been paid for those missing works; hence Plaintiff entitled to recover RM73,151.12 (RM54,351.12 + RM18,800.00) with 5% interest from 20.7.2019; costs to be borne by parties themselves.

Court Disposition

Appeal allowed in part in favour of Plaintiff; Defendant ordered to pay Plaintiff RM73,151.12 with interest; costs to be borne by parties themselves

Orders

  • Defendant to pay Plaintiff RM73,151.12 as damages
  • Interest at 5% per annum on RM73,151.12 from 20.7.2019 until full settlement