PERUNDING IZA'D SENDIRIAN BERHAD 1. ) Ketua Setiausaha Kementerian Pertahanan Malaysia 2. ) Kerajaan Malaysia

PERUNDING IZA'D SENDIRIAN BERHAD 1. ) Ketua Setiausaha Kementerian Pertahanan Malaysia 2. ) Kerajaan Malaysia

Appeal dismissed because appellant sued a non-contracting party in circumstances of privity under a design-and-build model, the claim was barred by res judicata and/or limitation as applicable, and there was no finding that the Sessions Court was plainly wrong on facts; Sessions Court judgment affirmed.

Source-derived case information.

Citation
KA-12BNCvC-7-10/2024 (Mahkamah Tinggi)
Parties
Appellant: Perunding Iza'd Sendirian Berhad; Respondent: Secretary General of the Ministry of Defence Malaysia; Respondent: Government of Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2025
Case Number
KA-12BNCvC-7-10/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court (appeal From Sessions Court) Judgment
Outcome
Appeal dismissed with costs; Sessions Court decision affirmed.
Legal Topics
Privity of Contract, Res Judicata (cause and Issue Estoppel), Limitation, Professional Consultancy Fees and Quantum, Design and Build Procurement, Estoppel, Procedural Compliance (rules of Court)
Contract Law Civil Procedure Administrative Law Procurement Law Privity of Contract Res Judicata (cause and Issue Estoppel) Limitation Professional Consultancy Fees and Quantum +3 more

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Parties

Perunding Iza'd Sendirian Berhad

Appellant

Secretary General of the Ministry of Defence Malaysia

Respondent

Government of Malaysia

Respondent

Procedural Posture

Civil Appeal / High Court (appeal From Sessions Court) Judgment

  1. 1 Whether the appellant completed 80% of consultancy work entitling it to fees beyond 1.15%
  2. 2 Whether the Notice of Appeal was incompetent for using Form 111 instead of Form 111A
  3. 3 Whether the claim against the Government is barred by res judicata arising from prior proceedings against Usima Sdn Bhd

Ratio Decidendi

Appeal dismissed because appellant sued a non-contracting party in circumstances of privity under a design-and-build model, the claim was barred by res judicata and/or limitation as applicable, and there was no finding that the Sessions Court was plainly wrong on facts; Sessions Court judgment affirmed.

Court Disposition

Appeal dismissed with costs; Sessions Court decision affirmed.

Orders

  • Appeal dismissed with costs
  • Sessions Court judgment affirmed