Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Bill of quantities

Legal area

Court

7 Jan 2022

KSKPS HOLDINGS SDN BHD Saiful Amir Bin Shafii

Citation

RA-12B-6-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

RA-12B-6-08/2021 (Mahkamah Tinggi)

The High Court upheld the Session Court's refusal to strike out the defendant's counterclaim because the counterclaim disclosed a reasonable cause of action and raised disputed facts (existence of consultancy agreement, appointment to reprepare BQ, purpose of payment, attendance dates and CD contents) that required trial; therefore the summary remedy under Order 18 r.19 was not appropriate.
10 Feb 2021

Mohd Aiziezuddin bin Suib for the Petitioner [Messrs Basharuddin Iskandar] Arif Muhaimin together with Ashmadi bin Othman for the Respondent [Messrs Zulpadli & Edham]

Citation

COMPANIES WINDING UP NO: WA-28NCC-149-02/2019 (Mahkamah Tinggi)
Court

High Court
Case number

COMPANIES WINDING UP NO: WA-28NCC-149-02/2019 (Mahkamah Tinggi)

The respondent rebutted the statutory presumption of indebtedness by prompt, consistent written disputes pointing to non-conformity with the agreed Bill of Quantities and conditions precedent to payment; part payments and invoices did not prove the full debt and no judgment had crystallized the claim, therefore the petition failed and must be dismissed.