Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Construction contract disputes

Legal area

Court

2 Aug 2022

PEMPETISYEN NASAR DEVELOPMENT GROUP HOLDING SDN BHD MIDD CONSTRUCTION SDN BHD

Citation

WA-28NCC-37-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-37-02/2021 (Mahkamah Tinggi)

Because the respondent demonstrated a bona fide dispute as to the sums claimed by showing overlapping issues and a pending writ action and counterclaim addressing the same matters (delay, LAD, back-to-back contract) and because the adjudication decision was not finally immune from challenge while related court proceedings under CIPAA were pending, the winding up petition was dismissed.
5 Oct 2018

PETROZCHEM OILFIELD SERVICES SDN BHD SCOMI OILTOOLS SDN BHD

Citation

WA-22C-62-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-62-08/2018 (Mahkamah Tinggi)

Plaintiff met the Order 14 prerequisites and, on the affidavit evidence and contemporaneous documents including the defendant’s own admissions and payments, no bona fide triable issues remained as to the reconciled part of the debt; therefore summary judgment was justified for RM3,740,900.00 with interest and costs, while the remaining balance and the counterclaim were within or transferable to the Sessions Court and thus transferred with defendant's consent.