PANTAS TECHNOLOGIES SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

PANTAS TECHNOLOGIES SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

D1 is not a proper legal entity to be sued; Plaintiff is estopped from challenging termination of Contract 1 because it agreed to recoupment via Contract 2 and accepted conditional terms when entering Contract 2; Plaintiff failed to prove on balance of probabilities that RM6,454,861.72 of variation/remeasurement works were performed or valued correctly; the Certificate of Termination Costs dated 16.12.2020 was properly made under the Contract and Defendant 2 is entitled to recover the net termination shortfall (RM4,030,327.79 after set-offs); recoupment of RM961,550.39 from Contract 2 interim payments was lawful under Clause 33; termination of Contract 2 was valid because Plaintiff failed...

Citation
WA-21C-9-11/2020 (Mahkamah Tinggi)
Parties
Plaintiff: PANTAS TECHNOLOGIES SDN BHD; Defendant First: KEMENTERIAN PENDIDIKAN MALAYSIA; Defendant Second: KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 May 2023
Case Number
WA-21C-9-11/2020 (Mahkamah Tinggi)
Procedural Posture
Writ (construction Contract) / Judgment (trial)
Outcome
Plaintiff's claims dismissed; claims against Kementerian Pendidikan Malaysia struck out; Defendant 2 counterclaim allowed.
Legal Topics
Termination of Contract, Extension of Time (eo T), Variation and Remeasurement Claims, Certificate of Termination Costs, Estoppel, Set Off/recoupment, Limitation Period, Deduction From Payments
Source Language
Malay/English
Construction Law Contract Law Public/government Contracts Administrative Law Civil Procedure/limitation Termination of Contract Extension of Time (eo T) Variation and Remeasurement Claims +5 more

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Parties

PANTAS TECHNOLOGIES SDN BHD

Plaintiff

KEMENTERIAN PENDIDIKAN MALAYSIA

Defendant First

KERAJAAN MALAYSIA

Defendant Second

Procedural Posture

Writ (construction Contract) / Judgment (trial)

Legal Issues

  1. 1 Whether termination of Contract 1 was valid
  2. 2 Whether Plaintiff entitled to RM6,454,861.72 for variations and remeasurement
  3. 3 Whether Certificate of Termination Costs dated 16.12.2020 (PKP) is valid and enforceable

Ratio Decidendi

D1 is not a proper legal entity to be sued; Plaintiff is estopped from challenging termination of Contract 1 because it agreed to recoupment via Contract 2 and accepted conditional terms when entering Contract 2; Plaintiff failed to prove on balance of probabilities that RM6,454,861.72 of variation/remeasurement works were performed or valued correctly; the Certificate of Termination Costs dated 16.12.2020 was properly made under the Contract and Defendant 2 is entitled to recover the net termination shortfall (RM4,030,327.79 after set-offs); recoupment of RM961,550.39 from Contract 2 interim payments was lawful under Clause 33; termination of Contract 2 was valid because Plaintiff failed...

Court Disposition

Plaintiff's claims dismissed; claims against Kementerian Pendidikan Malaysia struck out; Defendant 2 counterclaim allowed.

Orders

  • Plaintiff's claim dismissed with costs against Defendant First and Defendant Second
  • Counterclaim by Defendant Second allowed in the sum of RM4,030,327.79