Malaysia Case Law: Decisions & Judgments

Topic

Certificate of making good defects (cmgd)

Legal area

Court

8 Jan 2026

PEMBINAAN MENTARI MUDA (M) SDN BHD SLG CONSTRUCTION SDN BHD

Citation

JA-A72C-9-06/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72C-9-06/2025 (Mahkamah Majistret)

The court struck out the writ and statement of claim because the monetary claims were paid in full rendering those causes of action academic and obviously unsustainable; the plaintiff's prayer to compel a non‑party architect to issue CMGD was impermissible and premature as the architect's certification is a matter of professional discretion and the defects liability period had not yet lapsed; the claim for the second moiety was likewise premature and anticipatory breach was not established; maintaining the suit under these circumstances amounted to an abuse of process, therefore Enclosure 24…
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.
17 Mar 2022

FEDERAL FURNITURE INDUSTRIES SDN BHD IREKA ENGINEERING & CONSTRUCTION SDN BHD

Citation

WA-12AC-27-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AC-27-07/2021 (Mahkamah Tinggi)

On appeal the High Court found the Sessions Court was plainly wrong: Plaintiff discharged its burden that post-DLP no outstanding defects within its scope had been shown by Defendant; Architect’s 27.11.2017 cover letter lacked an attached Schedule of Defects and Defendant produced no contemporaneous evidence of post-DLP defects or that it had pursued the CMGD; Plaintiff’s EoT application was not properly assessed and the CNC was issued prematurely rendering time at large; therefore retention sum RM215,367.58 must be released and Defendant’s counterclaim for liquidated damages is dismissed.
30 Nov 2018

INTAN PERMATA PROPERTIES SDN BHD AEJB ENGINEERING (M) SDN BHD

Citation

WA-12ANCVC-93-04/2018 & WA-12ANCVC-94-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCVC-93-04/2018 & WA-12ANCVC-94-04/2018 (Mahkamah Tinggi)

The Court held the Letter of Acceptance and subsequent Appellant instruction and Engineer's Instruction created a binding arrangement and sufficient privity between Appellant and Respondent for the variation works; unsigned PAM sub-contract/standard PAM documents could not be relied on to impose conditions precedent; the Respondent satisfied the threshold for summary judgment and the Appellant failed to show a triable defence; consequently the summary judgment and dismissal of the striking out application were upheld and recall applications dismissed as the court was functus officio.

Malaysia Case Law

PEMBINAAN MENTARI MUDA (M) SDN BHD SLG CONSTRUCTION SDN BHD

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

FEDERAL FURNITURE INDUSTRIES SDN BHD IREKA ENGINEERING & CONSTRUCTION SDN BHD

INTAN PERMATA PROPERTIES SDN BHD AEJB ENGINEERING (M) SDN BHD