Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 71 contracts act (quantum meruit)

Legal area

Court

29 Mar 2024

WH ELECTRICAL MARKETING (M) SDN BHD KERJAYA PROSPEK (M) SDN BHD

Citation

WA-22NCC-86-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-86-03/2022 (Mahkamah Tinggi)

The claim was dismissed because the plaintiff failed to prove the lawful act in the asserted sum and failed to show the act was done for the defendant or that the defendant enjoyed the benefit; further, the plaintiff was estopped from pursuing quantum meruit after electing a contractual claim against Almana, so conditions of s.71 and unjust enrichment were not satisfied.
21 Oct 2019

BOND M & E SDN. BHD. (COMPANY NO: 108676-V) GOLDEN ORIENTAL REALTY SDN. BHD. (COMPANY NO: 897009-A)

Citation

JA-22C-1-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-1-04/2019 (Mahkamah Tinggi)

The Court held the Plaintiff's writ and statement of claim disclose a reasonable cause of action under section 71 of the Contracts Act and unjust enrichment despite lack of privity; the matters raised by the Defendant were not plain and obvious and require trial; accordingly the Defendant's application to strike out was dismissed and costs were awarded to the Plaintiff.