SYED AMINUDIN BIN SYED ALI yang berniaga di bawah nama dan gaya AMZA WAWASAN ENTERPRISE PERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS (PKENPs)

SYED AMINUDIN BIN SYED ALI yang berniaga di bawah nama dan gaya AMZA WAWASAN ENTERPRISE PERBADANAN KEMAJUAN EKONOMI NEGERI PERLIS (PKENPs)

On the balance of probabilities the court found the plaintiff submitted a forged bank statement and acted with unclean hands; accordingly the SST and Contract were void ab initio, the plaintiff's claims were dismissed, and the defendant's counterclaim succeeded for declarations, repayment of interim payments of...

Source-derived case information.

Citation
RA-22C-1-10/2021 (Mahkamah Tinggi)
Parties
Plaintiff: SYED AMINUDIN BIN SYED ALI (Amza Wawasan Enterprise); Defendant: Perbadanan Kemajuan Ekonomi Negeri Perlis (PKENPs)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 April 2024
Case Number
RA-22C-1-10/2021 (Mahkamah Tinggi)
Procedural Posture
Guaman Sivil (construction Contract Dispute) / Judgment After Full Trial
Outcome
Plaintiff's claims dismissed; Defendant's counterclaim allowed in part.
Legal Topics
Termination, Misrepresentation and Fraud, Void Ab Initio, Breach of Contract, Onus of Proof, Adverse Inference (s114(g)), Recovery of Interim Payments, Costs
Contract Law Construction Law Evidence Fraud Termination Misrepresentation and Fraud Void Ab Initio Breach of Contract +4 more

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Parties

SYED AMINUDIN BIN SYED ALI (Amza Wawasan Enterprise)

Plaintiff

Perbadanan Kemajuan Ekonomi Negeri Perlis (PKENPs)

Defendant

Procedural Posture

Guaman Sivil (construction Contract Dispute) / Judgment After Full Trial

  1. 1 Whether the plaintiff submitted a forged bank statement and committed fraud in the tender process
  2. 2 Whether the contract and SST were void ab initio due to fraud
  3. 3 Whether the plaintiff breached the contract by failing to complete works and whether termination was lawful

Ratio Decidendi

On the balance of probabilities the court found the plaintiff submitted a forged bank statement and acted with unclean hands; accordingly the SST and Contract were void ab initio, the plaintiff's claims were dismissed, and the defendant's counterclaim succeeded for declarations, repayment of interim payments of RM1,449,941.91 and additional costs of RM2,949,182.28; termination and remedial notices were lawful and costs of RM10,000 awarded to defendant.

Court Disposition

Plaintiff's claims dismissed; Defendant's counterclaim allowed in part.

Orders

  • Declaration that the Surat Setuju Terima (SST) and the Contract and their terms are void and void ab initio
  • Declaration that the appointment of the Plaintiff as contractor is void and void ab initio