SPECMA SOLUTIONS SDN BHD PERMAI BIRU SDN. BHD.

SPECMA SOLUTIONS SDN BHD PERMAI BIRU SDN. BHD.

Defendant failed to prove misrepresentation, fraud or that the main equipment was defective; the written contract governs, FOC items were collateral and non‑mandatory obligations (including installation) were not imposed; therefore Defendant remains indebted to Plaintiff for RM150,000 and Defendant's counterclaim is...

Source-derived case information.

Citation
KF-A52NCC-10-11/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Specma Solution Sdn Bhd; Defendant: Permai Biru Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
30 April 2025
Case Number
KF-A52NCC-10-11/2021 (Mahkamah Sesyen)
Procedural Posture
Contract Dispute (civil) / Judgment (trial)
Outcome
Plaintiff's claim allowed; Defendant's counterclaim dismissed.
Legal Topics
Misrepresentation, Breach of Contract, Repudiation, Collateral Warranties, Interpretation of Contract, Contractual Remedies, Costs
Contract Law Sale of Goods Misrepresentation / Fraud Civil Procedure Remedies (damages, Costs) Misrepresentation Breach of Contract Repudiation +4 more

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Parties

Specma Solution Sdn Bhd

Plaintiff

Permai Biru Sdn Bhd

Defendant

Procedural Posture

Contract Dispute (civil) / Judgment (trial)

  1. 1 Whether RM150,000 remains owing by Defendant to Plaintiff
  2. 2 Whether the goods supplied were defective or non-conforming
  3. 3 Whether Plaintiff made misrepresentation and/or fraud regarding price or quality

Ratio Decidendi

Defendant failed to prove misrepresentation, fraud or that the main equipment was defective; the written contract governs, FOC items were collateral and non‑mandatory obligations (including installation) were not imposed; therefore Defendant remains indebted to Plaintiff for RM150,000 and Defendant's counterclaim is dismissed.

Court Disposition

Plaintiff's claim allowed; Defendant's counterclaim dismissed.

Orders

  • Plaintiff's claim for RM150,000 allowed against Defendant
  • Defendant's counterclaim dismissed