Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Stop work order

Legal area

Court

12 Dec 2024

ZENETAC GROUP SDN. BHD. (Dahulunya CLASSIC KANCIL SDN BHD) SAS LITEMETRIC JV SDN. BHD.

Citation

BA-22C-25-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-25-06/2019 (Mahkamah Tinggi)

Defendant failed to prove the contractual breaches alleged as basis for termination: delays were principally caused by third‑party DSR confirmations outside Plaintiff's control, no prior notices or warnings were shown, and Stop Work Orders did not establish liability or penalties on Plaintiff; accordingly termination dated 13.8.2018 was unlawful and Plaintiff was entitled to proven outstanding contract work, unlawful deductions returned, and loss of profits, while Defendant's counterclaim was dismissed.
5 Dec 2022

1. ) JAWATANKUASA PEMBINAAN SEMENTARA SJKC TOO JOON HING 2. ) ONG YEW THAI 3. ) MICHAEL TU TUONG DEE 4. ) LEE JEN UYIN 5. ) NG SEOW CHEN 1. ) KETUA SETIAUSAHA KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) MENTERI PENDIDIKAN MALAYSIA 3. ) KERAJAAN MA

Citation

WA-25-26-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-26-01/2022 (Mahkamah Tinggi)

The impugned stop work order was quashed because the decision‑maker failed to give reasons, failed to afford the applicants a right to be heard, and relied on unfounded allegations such that the decision was Wednesbury unreasonable and ultra vires, thereby justifying certiorari and declarations permitting the applicants to resume construction in accordance with prior approvals.