MERIDIAN CONTRACTS SDN BHD (No. Syarikat: 530788-P) BAUER (M) SDN BHD (No. Syarikat: 121194-X)

MERIDIAN CONTRACTS SDN BHD (No. Syarikat: 530788-P) BAUER (M) SDN BHD (No. Syarikat: 121194-X)

The Court concluded the High Court had failed properly to appreciate the evidence; Clause 2 of the Settlement Agreement fixed the Appellant's entitlement at 32.70% and could not be unilaterally reduced by the Respondent or displaced by without‑prejudice negotiations or post‑hoc conduct; accordingly the appeal was allowed, the High Court order set aside and judgment entered for the Appellant with interest and costs.

Citation
W-02(NCVC)(W)-1567-07/2018 (Mahkamah Rayuan)
Parties
Appellant: Meridian Contracts Sdn Bhd; Respondent: Bauer (M) Sdn Bhd
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
11 February 2021
Case Number
W-02(NCVC)(W)-1567-07/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (appeal Allowed)
Outcome
Appeal allowed; High Court order of 28.06.2018 set aside; judgment entered for Appellant
Legal Topics
Settlement Agreement Interpretation, Compromise Agreement, Without Prejudice Communications, Costs Allocation, Enforcement of Arbitration Award, Champerty (raised)
Source Language
Malay/English
Contract Law Construction Law Arbitration Law Civil Procedure Settlement Agreement Interpretation Compromise Agreement Without Prejudice Communications Costs Allocation +2 more

Case Brief

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Parties

Meridian Contracts Sdn Bhd

Appellant

Bauer (M) Sdn Bhd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment (appeal Allowed)

Legal Issues

  1. 1 Whether the Settlement Agreement permitted adjustment of the Appellant's entitlement based on the actual amount recovered by the Respondent under the main contract
  2. 2 Whether the Appellant was obliged to bear a share of the Respondent's legal costs in recovering sums from Embassy Court
  3. 3 Whether the High Court judge gave adequate reasons and judicial appreciation of the evidence

Ratio Decidendi

The Court concluded the High Court had failed properly to appreciate the evidence; Clause 2 of the Settlement Agreement fixed the Appellant's entitlement at 32.70% and could not be unilaterally reduced by the Respondent or displaced by without‑prejudice negotiations or post‑hoc conduct; accordingly the appeal was allowed, the High Court order set aside and judgment entered for the Appellant with interest and costs.

Court Disposition

Appeal allowed; High Court order of 28.06.2018 set aside; judgment entered for Appellant

Orders

  • Order of the High Court dated 28.06.2018 set aside
  • Judgment entered for the Appellant (Meridian Contracts Sdn Bhd)