Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof (evidence act ss101-103)

Legal area

Court

26 Sept 2024

BOND HOLDINGS SDN BHD 1. ) SYCAL BERHAD 2. ) SYCAL ICC PROPERTIES SDN BHD

Citation

WA-22NCvC-590-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-590-10/2022 (Mahkamah Tinggi)

Although Bond breached by failing to raise the full RM20,000,000, Sycal admitted receipt of RM18,816,000 (94.08%) which enriched Sycal at Bond's expense; Bond's unjust enrichment claim succeeds for the shortfall equivalent to 94.08% of its contractual entitlement (RM9,946,389.46 → RM9,357,563.20) less amounts already received (RM6,773,738.99) resulting in RM2,583,824.21 payable, with Sycal's termination held valid and Sycal awarded certain declaratory reliefs in its counterclaim.
16 May 2024

ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia

Citation

WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-108-10/2022 (Mahkamah Tinggi)

Plaintiff was not permitted to depart from its pleaded case and failed to prove completion as pleaded; plaintiff admitted partial completion only in post-trial submissions without documentary or witness basis, causing prejudice; quantum meruit was not pleaded and is unavailable given the express contract and unusability of incomplete work; plaintiff failed to establish inability to perform under the COVID‑19 Act. Result: plaintiff's claims dismissed and costs awarded.