Malaysia Case Law: Decisions & Judgments

Topic

Subcontractor payment

Legal area

Court

3 Jul 2024

GENIUS AHEAD SDN. BHD. MOUNTAIN LITE ENGINEERING SDN. BHD.

Citation

CA-A52NCC-20-05/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A52NCC-20-05/2021 (Mahkamah Sesyen)

On the balance of probabilities the court found Genius Ahead had completed the contracted traffic light works and rectified defects as evidenced by CMGD, PABM, as-built drawings and corroborating testimony; Mountain Lite had received progress payments from JKR and failed to rebut plaintiff's proof or to produce JKR witnesses or complete documentary proof of set-offs; correspondence constituted a sufficient acknowledgement of debt. Plaintiff's claim for RM133,923.20 and associated contractual charges and interest succeeded; defendant's counterclaim was dismissed.
6 Feb 2024

CBE Tech Sdn Bhd Flolink Bina Sdn Bhd

Citation

PA-12ANCvC-41-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-41-05/2021 (Mahkamah Tinggi)

The High Court held there was no triable issue defeating the summary judgment: contemporaneous documents (CPC, Forms G5/G6, water authority letter, CCC, and D’s own PC13 and part-payment) established completion and admission of liability, and the disputes raised concerned a separate counterclaim or issues not material to P’s claim; consequently the Sessions Court’s grant of summary judgment was affirmed and the appeal dismissed with costs.
28 Mar 2023

ESDC TECHNOLOGY SDN BHD HEITECH PADU BERHAD

Citation

BA-22NCvC-562-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-562-11/2018 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that the Defendant instructed it or that a contractual relationship existed during July–September 2017; the services were gratuitous and provided in expectation of reappointment; an unpleaded quantum meruit claim is not admissible; therefore the claim is dismissed.
28 Jul 2021

LUCKSOON METAL WORKS SDN BHD 1. ) ESAMEGAH SDN BHD 2. ) PROPEL SYNERGY SDN BHD

Citation

WA-22C-43-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-43-06/2020 (Mahkamah Tinggi)

On the evidence D2 proved there were defects and that the Plaintiff breached obligations to rectify them within the DLP and thereafter; D2 failed to establish a contractual right of set-off because it did not comply with Clause 30.4 preconditions; however D2 is entitled to damages under s.74 Contracts Act 1950 for the reasonable cost of third-party rectification as reasonably estimated by quotations; accordingly Plaintiff's claim proceeded in part (sum awarded) and D2's counterclaim for rectification costs was allowed in the sum awarded with interest.
11 Jul 2021

YUEN KEONG CONSTRUCTION & RENOVATION SDN BHD (NO SYARIKAT: 1039516-D) TRENDZONE ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD TRENDZONE ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD (NO SYARIKAT: 1200245-X)

Citation

JA-22C-1-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-1-03/2021 (Mahkamah Tinggi)

The court held that special circumstances existed because the pending arbitration between the defendant and Country Garden will determine defects and the quantum of loss which will materially affect the defendant's liability to the plaintiff; accordingly the court exercised its discretion to grant a stay of the court proceedings pending the outcome of that arbitration, subject to periodic reporting and review.

Malaysia Case Law

GENIUS AHEAD SDN. BHD. MOUNTAIN LITE ENGINEERING SDN. BHD.

CBE Tech Sdn Bhd Flolink Bina Sdn Bhd

ESDC TECHNOLOGY SDN BHD HEITECH PADU BERHAD

LUCKSOON METAL WORKS SDN BHD 1. ) ESAMEGAH SDN BHD 2. ) PROPEL SYNERGY SDN BHD

YUEN KEONG CONSTRUCTION & RENOVATION SDN BHD (NO SYARIKAT: 1039516-D) TRENDZONE ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD TRENDZONE ENGINEERING & CONSTRUCTION (MALAYSIA) SDN BHD (NO SYARIKAT: 1200245-X)