REALCO PROPERTIES SDN BHD JT BINAJATI SDN. BHD

REALCO PROPERTIES SDN BHD JT BINAJATI SDN. BHD

On the balance of probabilities the Plaintif failed to discharge the burden to prove defects and utility‑pipe interference; Plaintif breached contractual obligations by failing to appoint a site supervisor and by delaying/withholding payments, thus Defendan validly terminated for fundamental breach and is entitled to outstanding progress sums (RM101,229.53), retention (RM6,982.01), interest at 5% and costs; Plaintif's claims (including LAD and claimed RM333,742) are dismissed.

Citation
CA-B52C-3-04/2023 (Mahkamah Sesyen)
Parties
Plaintif: REALCO PROPERTIES SDN BHD; Defendan: JT BINAJATI SDN. BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 August 2025
Case Number
CA-B52C-3-04/2023 (Mahkamah Sesyen)
Procedural Posture
Writ Saman / Judgment (after Full Trial)
Outcome
Plaintiff's claim dismissed with costs; Defendant's counterclaim allowed in part.
Legal Topics
Termination for Fundamental Breach, Progress Payments, Retention Sum, Liquidated Damages, Burden of Proof, Certification of Works, Utility Pipe Dispute
Source Language
Malay/English
Contract Construction Law Civil Procedure Evidence Termination for Fundamental Breach Progress Payments Retention Sum Liquidated Damages +3 more

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Parties

REALCO PROPERTIES SDN BHD

Plaintif

JT BINAJATI SDN. BHD

Defendan

Procedural Posture

Writ Saman / Judgment (after Full Trial)

Legal Issues

  1. 1 Whether the Defendant rightfully terminated the contract for Plaintiff's fundamental breach
  2. 2 Whether Plaintiff proved defective works and interference with third‑party utility pipe entitling it to damages and LAD
  3. 3 Whether Defendant proved outstanding progress claims and entitlement to retention sum, interest and costs

Ratio Decidendi

On the balance of probabilities the Plaintif failed to discharge the burden to prove defects and utility‑pipe interference; Plaintif breached contractual obligations by failing to appoint a site supervisor and by delaying/withholding payments, thus Defendan validly terminated for fundamental breach and is entitled to outstanding progress sums (RM101,229.53), retention (RM6,982.01), interest at 5% and costs; Plaintif's claims (including LAD and claimed RM333,742) are dismissed.

Court Disposition

Plaintiff's claim dismissed with costs; Defendant's counterclaim allowed in part.

Orders

  • Plaintiff's claim against Defendant is dismissed with costs.
  • Declaration that the Letter of Offer dated 30/6/2021 was validly terminated by Defendant for Plaintiff's fundamental breach.