Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Assessment of costs and interest

Legal area

Court

8 Dec 2022

UOB KAY HIAN SECURITIES (M) SDN BHD LIM WOI KEAT

Citation

WA-22NCC-235-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-235-05/2021 (Mahkamah Tinggi)

The Court held that the Account Opening Form and UTRADE terms were validly incorporated and binding; the defendant intentionally or with sufficient culpability placed orders that matched and were therefore binding notwithstanding the platform Glitch; cancellation was not guaranteed and the defendant failed to plead or prove negligence or breach of contract; accordingly the defendant is liable to indemnify the plaintiff for the losses and interests claimed and the counterclaim is dismissed.
26 Oct 2021

1) GAN TECK KHUN 2) GENAP INDAH SDN BHD 1) CHAN KOI HONG @ CHANG KOUI FANG 2) CHAN KOI HONG @ CHANG KOUI FANG (berniaga atas gaya dan nama Chang San Construction)

Citation

22-141-07/2011 (Mahkamah Tinggi)
Court

High Court
Case number

22-141-07/2011 (Mahkamah Tinggi)

The court accepted the qualifications and evidence of SP1 and SP2 and found plaintiffs proved defects requiring rectification; the tender estimate and supporting payments were reasonable in the absence of contrary evidence; possession was delayed beyond the contractual period entitling plaintiffs to LAD; adverse inference arguments and registration objections did not displace the evidence. Therefore the Deputy Registrar's assessment awarding rectification costs, LAD and associated costs was correct and the appeal was dismissed.