Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Certification requirement

Legal area

Court

29 Mar 2024

MRCB BUILDERS SDN BHD EFCO (MALAYSIA) SDN BHD

Citation

WA-12BNCvC-52-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-52-04/2023 (Mahkamah Tinggi)

The Sessions Court erred in finding EFCO’s suit premature because there was no evidence clause 5b was amended to require certification by MRCB Builders’ CEO, payments were made without CEO certification and the certification requirement was waived by conduct; on rehearing EFCO proved the balance claim of RM 540,829.39 with contractual interest and the set-off of the RM 120,104 security deposit was valid; accordingly Appeal 50 is allowed and Appeal 52 dismissed.
3 Jan 2022

PEMBINAAN JUTA MASTER SDN BHD PLENTIFUL GOLD-CLASS BHD

Citation

WA-22NCC-575-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-575-11/2020 (Mahkamah Tinggi)

On the balance of probabilities the court found the six quotations and the variation order gave rise to contracts; Plaintiff completed the works as evidenced by contemporaneous documents, photographs, handing-over letter, invoices, part payments and the auditor's confirmation of balance; the Defendant failed to plead limitation and is estopped from raising it at submissions; the Defendant failed to rebut the evidential burden and its late, unpleaded factual assertions are rejected. Judgment granted for Plaintiff for RM1,967,820.02 with 5% interest from date of judgment to realization and cost…