TOSHIBA Elevator (Malaysia) Sdn Bhd TANJUNG TERAS SDN BHD

TOSHIBA Elevator (Malaysia) Sdn Bhd TANJUNG TERAS SDN BHD

On the balance of probabilities the court found Plaintiff completed the contracted works and proved variation works of RM53,432.00; Defendant failed to prove any agreement by Plaintiff to reduce the contract price and Defendant's 2018 acknowledgment revived the limitation period; accordingly Plaintiff was entitled to the unpaid balance of RM178,963.70 and the claim was not time-barred.

Citation
WA-A52NCvC-33-01/2022 (Mahkamah Sesyen)
Parties
Plaintiff: MS ELEVATORS ENGINEERING SDN BHD; Defendant: TANJUNG TERAS SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
11 September 2025
Case Number
WA-A52NCvC-33-01/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Contract Claim for Unpaid Progress Payments / Judgment (sessions Court)
Outcome
Plaintiff's claim allowed in full
Legal Topics
Progress Claims, Variation Orders, Contract Variation, Acknowledgment of Debt, Burden of Proof, Costs
Source Language
Malay/English
Contract Law Construction Law Limitation (statute of Limitations) Evidence Law Progress Claims Variation Orders Contract Variation Acknowledgment of Debt +2 more

Case Brief

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Parties

MS ELEVATORS ENGINEERING SDN BHD

Plaintiff

TANJUNG TERAS SDN BHD

Defendant

Procedural Posture

Civil Contract Claim for Unpaid Progress Payments / Judgment (sessions Court)

Legal Issues

  1. 1 Whether Plaintiff is entitled to RM178,963.70 as unpaid balance under the subcontract
  2. 2 Whether the claim is time-barred under the Limitation Act 1953
  3. 3 Whether Defendant proved that Plaintiff consented to a unilateral reduction of the contract price

Ratio Decidendi

On the balance of probabilities the court found Plaintiff completed the contracted works and proved variation works of RM53,432.00; Defendant failed to prove any agreement by Plaintiff to reduce the contract price and Defendant's 2018 acknowledgment revived the limitation period; accordingly Plaintiff was entitled to the unpaid balance of RM178,963.70 and the claim was not time-barred.

Court Disposition

Plaintiff's claim allowed in full

Orders

  • Judgment for Plaintiff in the sum of RM178,963.70
  • Costs to Plaintiff to be assessed on the standard scale under the Rules of Court 2012