PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) URBAN DOMAIN SDN BHD

PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) URBAN DOMAIN SDN BHD

The Federal Court held that (1) the subsequent winding up of the JV company did not limit the period for assessment of quantum and Appeals 5 and 6 are dismissed; (2) the Liability Judgment must be interpreted in its factual and contractual context so that costs and expenses incurred in generating revenue are deductible when assessing quantum — Appeal 26 is allowed in part; the Court remitted the matter to the High Court for recalculation of quantum taking into account the agreed heads of costs and the Extended License Period and ordered further expert reporting and directions.

Citation
03-6-08/2024(W) (Mahkamah Persekutuan)
Parties
Appellant: Perak Integrated Network Services Sdn Bhd; 1st Respondent (nominal): PINS OSC & Maintenance Services Sdn Bhd; 2nd Respondent (substantive): Urban Domain Sdn Bhd (suing on behalf of PINS OSC Maintenance Services Sdn Bhd)
Court
W
Jurisdiction
Malaysia
Judgment Date
29 January 2026
Case Number
03-6-08/2024(W) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal / Federal Court Judgment on Appeals Concerning Quantum/assessment of Damages
Outcome
Appeals 5 and 6 dismissed; Appeal 26 allowed in part.
Legal Topics
Derivative Action, Winding Up, Assessment of Quantum, Interpretation of Court Orders, Res Judicata and Abuse of Process, Loss of Profits, Accounts and Inquiry, Deductibility of Expenses
Source Language
Malay/English
Contract Law Company Law Civil Procedure Equity Remedies Derivative Action Winding Up Assessment of Quantum +5 more

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Parties

Perak Integrated Network Services Sdn Bhd

Appellant

PINS OSC & Maintenance Services Sdn Bhd

1st Respondent (nominal)

Urban Domain Sdn Bhd (suing on behalf of PINS OSC Maintenance Services Sdn Bhd)

2nd Respondent (substantive)

Procedural Posture

Civil Appeal / Federal Court Judgment on Appeals Concerning Quantum/assessment of Damages

Legal Issues

  1. 1 Whether a subsequent winding up of the judgment‑creditor company limits the period for assessment of quantum to the winding up date (Subsequent Winding Up Issue)
  2. 2 Whether a liability judgment that specifies deductions from gross revenue should permit further deduction of costs and expenses incurred in generating that revenue when assessing quantum (Interpretation of Liability Judgment Issue)

Ratio Decidendi

The Federal Court held that (1) the subsequent winding up of the JV company did not limit the period for assessment of quantum and Appeals 5 and 6 are dismissed; (2) the Liability Judgment must be interpreted in its factual and contractual context so that costs and expenses incurred in generating revenue are deductible when assessing quantum — Appeal 26 is allowed in part; the Court remitted the matter to the High Court for recalculation of quantum taking into account the agreed heads of costs and the Extended License Period and ordered further expert reporting and directions.

Court Disposition

Appeals 5 and 6 dismissed; Appeal 26 allowed in part.

Orders

  • Appeals 5 and 6 dismissed with costs of RM40,000 each to be paid to UDSB, subject to allocator
  • Appeal 26 allowed in part; costs of RM100,000 to be paid by UDSB to PINS, subject to allocator