Malaysia Case Law: Decisions & Judgments

Topic

Performance security

Legal area

Court

7 Sept 2023

EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. SAMSUNG C&T CORPORATION UEM CONSTRUCTION JV SDN. BHD.

Citation

WA-24C-156-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-156-08/2022 (Mahkamah Tinggi)

No material change of circumstances was established because HSBC confirmed it would maintain the status quo and preserve the bank guarantee monies pending final disposal of disputes despite the expiry date, the plaintiff could not practically extend the guarantee as the defendant had already called it, and there was no contractual obligation to provide further security; accordingly the injunction should not be discharged.
4 Dec 2020

KAJ DEVELOPMENT SDN BHD (COMPANY NO.: 758285-D) 1. SINOHYDRO CORPORATION (M) SDN BHD (COMPANY NO.: 459023-V) 2. SURUHANJAYA SYARIKAT MALAYSIA

Citation

WA-24NCC-312-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-312-06/2019 (Mahkamah Tinggi)

The Form 34 was validly lodged because the parties created a registrable charge by agreement on 8 February 2018 giving rise to a valid equitable charge; the Statement of Particulars correctly recorded the secured sum (which may be prospective); the Companies Act requires lodgement independent of registration under the National Land Code and there was no bad faith warranting expungement; rectification under s361 to clarify the instrument description was just and equitable.
22 Aug 2019

SINOHYDRO CORPORATION (M) SDN BHD GOLDEN HORSE RUBBER SDN BHD

Citation

WA-24C(ARB)-17-05/2019 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-17-05/2019 (Mahkamah Tinggi)

The court held the Defendant’s demand was unconscionable and premature because the contractual condition precedent to utilise the Performance Security (a proper notice of default and/or Certificate of Non‑Completion issued in accordance with the contract terms) had not been satisfied, the written demand failed to particularise the contractual breaches required by the guarantee, the demand amount was grossly disproportionate to any liquidated damages payable, the works were effectively practically complete and the balance of convenience favored preserving the Plaintiff’s position pending final…

Malaysia Case Law

EVERSENDAI CONSTRUCTIONS (M) SDN. BHD. SAMSUNG C&T CORPORATION UEM CONSTRUCTION JV SDN. BHD.

KAJ DEVELOPMENT SDN BHD (COMPANY NO.: 758285-D) 1. SINOHYDRO CORPORATION (M) SDN BHD (COMPANY NO.: 459023-V) 2. SURUHANJAYA SYARIKAT MALAYSIA

SINOHYDRO CORPORATION (M) SDN BHD GOLDEN HORSE RUBBER SDN BHD