Malaysia Case Law: Decisions & Judgments

Topic

Performance bond/bank guarantee

Legal area

Court

11 Oct 2024

1. ) CHINA MACHINERY ENGINEERING CORPORATION 2. ) CHINA MACHINERY & EQUIPMENT (HK) CO. LTD 3. ) CHINA MACHINERY INTERNATIONAL ENGINEERING DESIGN & RESEARCH INSTITUTE CO. LTD 4. ) MATTAN ENGINEERING SDN BHD 1. ) IDIWAN SOLAR SDN BHD 2. ) STA

Citation

WA-24C-1-01/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-1-01/2024 (Mahkamah Tinggi)

Plaintiffs failed to meet the high threshold for unconscionability; the defendants' calls on unconditional on‑demand bank guarantees fell within contractual rights and URDG independence; the disputed matters are primarily contractual and properly for arbitration under the EPCC Contract; accordingly the court refused to grant injunctive relief and dismissed the applications.
31 Dec 2020

KL ECO CITY SDN BHD TUCK SIN ENGINEERING & CONSTRUCTION SDN BHD & SATU LAGI

Citation

wa-22c-38-03/2017 (Mahkamah Tinggi)
Court

High Court
Case number

wa-22c-38-03/2017 (Mahkamah Tinggi)

Clause 23.1(a) and clause 24.1(a)/(b) of the PAM Conditions are condition precedent notice provisions requiring strict compliance; TS failed to comply so it was not entitled to an extension of time or loss and expense (beyond the 19 days EOT that KLE had accepted/ratified); the architect lacked authority to unilaterally waive the condition precedent absent employer ratification; time was not set at large; KLE was lawfully entitled to impose LAD of RM1,050,000 (with specified offsets) and TS's termination under clause 26 was valid because a sum remained unpaid at the material time; TS is entit…

Malaysia Case Law

1. ) CHINA MACHINERY ENGINEERING CORPORATION 2. ) CHINA MACHINERY & EQUIPMENT (HK) CO. LTD 3. ) CHINA MACHINERY INTERNATIONAL ENGINEERING DESIGN & RESEARCH INSTITUTE CO. LTD 4. ) MATTAN ENGINEERING SDN BHD 1. ) IDIWAN SOLAR SDN BHD 2. ) STA

KL ECO CITY SDN BHD TUCK SIN ENGINEERING & CONSTRUCTION SDN BHD & SATU LAGI