Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Force majeure / impossibility

  • 26 Jul 2024

    LATEX FORM SDN BHD IVORY GLOVE SDN BHD

    Citation
    BA-22NCvC-520-12/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-520-12/2022 (Mahkamah Tinggi)

    On the balance of probabilities the court found the contract required concurrent installation and that Plaintiff had substantially performed (approx. 95%, 70%, 60%), Defendant breached the payment schedule causing suspension; Plaintiff entitled to payment of RM4,040,000 for completion of machine one and must complete, Defendant's counterclaims for liquidated damages, loss of profit and storage were not proven and are dismissed; Plaintiff awarded interest at 5% p.a. on RM4,040,000 from filing date and costs RM15,000.

  • 24 Mar 2023

    Amalcon Engineering Sdn Bhd DATUK DAVID CHUA KOK TEE

    Citation
    WA-A72NCvC-5750-10/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-5750-10/2021 (Mahkamah Majistret)

    The court held that valid contracts existed by the parties' conduct and acceptance; Clause 3 of the maintenance agreement covered spare parts including the Car Position Indicator; replacement was not practicable because the original manufacturer had ceased production and Clause 5 excluded liability for causes beyond plaintiff's control; the lift remained operational on the evidence and defendant failed to prove loss or causation, therefore the plaintiff proved its claim for unpaid maintenance charges and the defendant's counterclaim failed.