Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Assignment of proceeds

Legal area

Court

14 Feb 2025

NZ BINA SDN BHD 1. ) REAPLITE INDUSTRY SDN BHD 2. ) OCBC BANK (MALAYSIA) BERHAD PIHAK TERKILAN Kerajaan Malaysia

Citation

JA-22NCvC-275-12/2017 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-275-12/2017 (Mahkamah Tinggi)

Court found Plaintiff's termination of the sub‑contract unlawful because cogent evidence showed delays were caused by lack of possession, unfinished utility works and JKR payment delays, not the 1st Defendant; progress claims Nos.35‑37 were submitted and acknowledged by Plaintiff; therefore Plaintiff's claim for LAD was dismissed and 1st Defendant entitled to return of performance bond and unpaid progress claims.
26 Aug 2020

1. ) STT TECHNOLOGIES SDN BHD 2. ) SUHAIMI BIN AHMAD 3. ) ZAITON BIN ALIAS MBSB BAN BERHAD

Citation

WA-22M-647-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-647-08/2019 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 preliminary requirements; discrepancies in amounts and profit rate were explained by timing, ibra' (rebate) and changes to ECOF-i and did not amount to manifest error; the Deed of Assignment did not extinguish the Defendants’ liabilities; the Notice of Termination was asserted and not contested and absence of its exhibit was not fatal where not denied; consequently Defendants failed to raise any bona fide triable issue and summary judgment was appropriate.