Malaysia Case Law: Decisions & Judgments

Topic

Set-off and counterclaims

Legal area

Court

23 Mar 2022

MCC OVERSEAS (M) SDN BHD DAMAI CITY SDN BHD

Citation

WA-24C-165-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-165-09/2021 (Mahkamah Tinggi)

The court dismissed the setting aside and stay applications and allowed enforcement: (1) s15 does not permit severing part of an adjudication decision as pleaded and the proposed amendment to avoid that election was properly refused; (2) the adjudicator did not deny natural justice or act beyond jurisdiction because the issues he decided were squarely raised in the adjudication papers (including Clause 25.4(d) and set-off requirements) and he properly exercised his discretion not to hold an oral hearing; (3) there were no clear and unequivocal errors nor special circumstances to justify a sta…
21 Aug 2019

LEE HO ANG (NRIC. No.: 501224-08-5863) [Trading in the name and style of Lee Ho Ang Constructions Works (Business Registration: IP0100986-X)] GOLDEN BASE CONSTRUCTION SDN. BHD. (Co. No.: 944638-M)

Citation

BA-22C-18-04/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-18-04/2019 (Mahkamah Tinggi)

The defence contained a clear judicial admission that the defendant owed RM247,550.52; the defendant filed no affidavit denying the plaintiff's averment and counsel did not oppose the application; exercising the court's discretion under O 27 r 3(1) RC, the court allowed the application and entered judgment for the plaintiff in that sum; any appeal requires leave of the Court of Appeal under s 68(1)(a) CJA because the sum is below RM250,000.

Malaysia Case Law

MCC OVERSEAS (M) SDN BHD DAMAI CITY SDN BHD

LEE HO ANG (NRIC. No.: 501224-08-5863) [Trading in the name and style of Lee Ho Ang Constructions Works (Business Registration: IP0100986-X)] GOLDEN BASE CONSTRUCTION SDN. BHD. (Co. No.: 944638-M)