UNI CONSTRUCTION & REALTY SDN BHD 1. ) TERSAIM LALL 2. ) ANDREW LALL 3. ) KAREAN LALL 4. ) INTERNATIONAL CONSTRUCTION & CIVIL ENGINEERING SDN BHD

UNI CONSTRUCTION & REALTY SDN BHD 1. ) TERSAIM LALL 2. ) ANDREW LALL 3. ) KAREAN LALL 4. ) INTERNATIONAL CONSTRUCTION & CIVIL ENGINEERING SDN BHD

Plaintiff entitled to restitution under section 71 Contracts Act for unjust enrichment caused by its funding of rehabilitation; unjust enrichment measured by actual construction cost attributable to the property (RM694,472.70); res judicata and limitation defences rejected because the cause of action arose on the High Court decision and interlocutory striking out was not a final bar; plaintiff has locus standi; pre-judgment interest denied and interest to run from date of judgment.

Citation
WA-22NCVC-474-08/2020 (Mahkamah Tinggi)
Parties
Plaintiff: UNI CONSTRUCTION & REALTY SDN BHD; Defendant: TERSAIM LALL; Defendant: ANDREW LALL; Defendant: KAREN LALL; Defendant (nominal): INTERNATIONAL CONSTRUCTION & CIVIL ENGINEERING SDN BHD (In Liquidation)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2021
Case Number
WA-22NCVC-474-08/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Unjust Enrichment / Restitution / Interlocutory Determination Under Order 14 a of the Rules of Court 2012 (preliminary Questions) Resulting in Final Judgment
Outcome
Judgment entered for the Plaintiff
Legal Topics
Quantum Meruit, Locus Standi, Res Judicata, Limitation, Order 14 a Summary Determination, Contracts Act S71, Limitation Act S6, COVID 19 Act S12
Source Language
Malay/English
Contract Law Restitution/unjust Enrichment Civil Procedure Property Law Equity Quantum Meruit Locus Standi Res Judicata +5 more

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 6 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

UNI CONSTRUCTION & REALTY SDN BHD

Plaintiff

TERSAIM LALL

Defendant

ANDREW LALL

Defendant

KAREN LALL

Defendant

INTERNATIONAL CONSTRUCTION & CIVIL ENGINEERING SDN BHD (In Liquidation)

Defendant (nominal)

Procedural Posture

Civil Unjust Enrichment / Restitution / Interlocutory Determination Under Order 14 a of the Rules of Court 2012 (preliminary Questions) Resulting in Final Judgment

Legal Issues

  1. 1 Whether the defendants were unjustly enriched by rehabilitation and completion of the property by the plaintiff and D4
  2. 2 Proper measure of unjust enrichment (market value vs construction cost)
  3. 3 Whether pre-judgment interest should be awarded

Ratio Decidendi

Plaintiff entitled to restitution under section 71 Contracts Act for unjust enrichment caused by its funding of rehabilitation; unjust enrichment measured by actual construction cost attributable to the property (RM694,472.70); res judicata and limitation defences rejected because the cause of action arose on the High Court decision and interlocutory striking out was not a final bar; plaintiff has locus standi; pre-judgment interest denied and interest to run from date of judgment.

Court Disposition

Judgment entered for the Plaintiff

Orders

  • Judgment for the Plaintiff in the sum of RM694,472.70 being the construction cost attributable to the Property
  • The Defendants ordered to pay costs of RM3,000 to the Plaintiff