Saharil Holdings Sdn Bhd KURIHARA KOGYO CO LTD

Saharil Holdings Sdn Bhd KURIHARA KOGYO CO LTD

Trial judge correctly found on balance of probabilities that the defendant agreed to determine the subcontract and to a back-to-back payment obligation evidenced by the purchase order and 31.12.2014 letter; defendant failed to rebut plaintiff's documentary evidence and the appellate court will not disturb those factual findings absent a showing that they were plainly wrong; therefore appeal dismissed.

Citation
JA-12BC-1-02/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Saharil Holdings Sdn. Bhd.; Respondent/plaintiff: Kurihara Kogyo Co Ltd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 June 2024
Case Number
JA-12BC-1-02/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (contract Dispute) / High Court Judgment on Appeal (decision Delivered)
Outcome
Appeal dismissed
Legal Topics
Termination/determination of Contract, Subcontract Payment Recovery, No Case to Answer, Appellate Review of Factual Findings
Source Language
Malay/English
Contract Commercial Law Civil Procedure Termination/determination of Contract Subcontract Payment Recovery No Case to Answer Appellate Review of Factual Findings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Saharil Holdings Sdn. Bhd.

Appellant/defendant

Kurihara Kogyo Co Ltd

Respondent/plaintiff

Procedural Posture

Civil Appeal (contract Dispute) / High Court Judgment on Appeal (decision Delivered)

Legal Issues

  1. 1 Whether defendant liable to pay RM855,823.33 under purchase order and agreed determination/termination
  2. 2 Whether letter dated 31.12.2014 and purchase order established a back-to-back payment obligation on defendant
  3. 3 Whether defendant's 'no case to answer' submission discharged its obligation to rebut plaintiff's documentary evidence

Ratio Decidendi

Trial judge correctly found on balance of probabilities that the defendant agreed to determine the subcontract and to a back-to-back payment obligation evidenced by the purchase order and 31.12.2014 letter; defendant failed to rebut plaintiff's documentary evidence and the appellate court will not disturb those factual findings absent a showing that they were plainly wrong; therefore appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Decision of the Sessions Court (judgment for RM855,823.33 in favour of plaintiff/respondent) affirmed