Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Conditional payment clause

Legal area

Court

13 Dec 2021

MARVELANE HOME SDN BHD SUNSHINE CONSTRUCTION SDN BHD

Citation

BA-24C-44-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24C-44-08/2021 (Mahkamah Tinggi)

Sunshine's payment claim expressly disclosed a contractual cause of action; the adjudicator therefore had jurisdiction under s27 and did not exceed it; any technical non-compliance with s5 was cured by s26; clause 25.4(d) is a conditional payment provision void under s35(1) and cannot be relied upon; there was no material breach of natural justice; no basis to exercise s16 discretion to stay enforcement; accordingly the setting aside and stay applications are dismissed and leave to enforce the adjudication decision is granted under s28 with costs to Sunshine.
12 Mar 2021

KHAIRI CONSULT SDN. BHD. (Co. No.: 460372-M) GJ RUNDING SDN. BHD. (Co. No.: 442876-T)

Citation

BA-12AC-9-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12AC-9-09/2020 (Mahkamah Tinggi)

Clause 9 is a conditional payment provision and is void under s35 CIPAA; ss91-92 Evidence Act bar reliance on extrinsic material to vary the written contract; alternatively defendant is estopped by its conduct (prior payments and payment vouchers); wayleave was obtained and defendant breached its obligation to pay within a reasonable time under s47 Contracts Act; no triable issue existed and Sessions Court's summary judgment was correctly granted, therefore appeal is dismissed with costs.