Malaysia Case Law: Decisions & Judgments

Topic

Audit confirmation as admission

Legal area

Court

1 Nov 2023

ECO PRIORITY SDN BHD ZHONGHUA SOUTHERN PHARMA SDN BHD

Citation

PA-22NCvC-115-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-115-08/2022 (Mahkamah Tinggi)

Defendant accepted and used the delivered goods and failed to raise quality objections within a reasonable time or during multiple opportunities to inspect, and by audit confirmations and conduct admitted the debt; the proviso to s16(1)(b) SGA bars a merchantable quality claim where buyer conducted testing; Defendant failed to prove special damages and failed to properly admit Part C documents; accordingly Plaintiff's claim succeeds and Defendant's counterclaim fails.
13 Dec 2022

Scatech Sdn Bhd Façade Treatment Engineering Sdn Bhd

Citation

BA-22NCVC-250-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-250-06/2021 (Mahkamah Tinggi)

The court accepted the plaintiff's contemporaneous documents and witness evidence as proving that the defendant requested and received gondola/hoist systems and ancillary services at the 14 sites; the audit confirmation signed by the defendant constituted an admission of indebtedness as at 31.10.2018; the plaintiff proved invoices totalling RM1,206,583.24 less conceded overcharges of RM10,175.68 and after setting off defendant payments of RM279,840, producing a net judgment sum of RM916,567.56; the plaintiff's claimed pre-judgment interest of RM115,614.64 was not proved and was disallowed, bu…
1 Jan 1900

BD ENGINEERING SDN. BHD. (NO SYARIKAT: 418648-V) CHEW CHOO MENG SDN. BHD. (NO. SYARIKAT: 306036-T)

Citation

PA-12BNCVC-16-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12BNCVC-16-10/2019 (Mahkamah Tinggi)

The appeal was allowed because the respondent failed to prove the existence and completion of the alleged variation orders and the valuation of additional works claimed; contemporaneous certified documents showed only a net additional value of RM11,400.81 and an assessed certified amount inconsistent with the inflated claim; corroborative matters (non-response to demand, employer payments, auditor confirmation) were insufficient to prove the pleaded case; adverse inferences were unjustified absent evidence of withholding; therefore the Sessions Court's finding in favour of the respondent coul…

Malaysia Case Law

ECO PRIORITY SDN BHD ZHONGHUA SOUTHERN PHARMA SDN BHD

Scatech Sdn Bhd Façade Treatment Engineering Sdn Bhd

BD ENGINEERING SDN. BHD. (NO SYARIKAT: 418648-V) CHEW CHOO MENG SDN. BHD. (NO. SYARIKAT: 306036-T)