Malaysia Case Law: Decisions & Judgments

Topic

Counterclaim for rectification costs

Legal area

Court

11 Dec 2022

SIAH KOK PENG 1. ) S'ng Lee Kiang 2. ) Ng Chun Hwa

Citation

JA-12BNCvC-14-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-14-04/2021 (Mahkamah Tinggi)

The Sessions Court judgment was set aside because it was a non‑speaking judgment lacking cogent reasons after a full trial; consequently the High Court remitted the matter to the Sessions Court for rehearing before a different judge. The order to remit was held not to be a final 'decision' appealable under s.3 CJA, rendering any appeal against that remittal incompetent.
8 Nov 2022

SUCCESS INPUT SDN BHD PRISTAR HOUSING DEVELOPMENT SDN. BHD.

Citation

AA-A52NCvC-153-09/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCvC-153-09/2019 (Mahkamah Sesyen)

Plaintiff failed to prove that rectification works were completed to the satisfaction of the Architect/Engineer; therefore under Clause 7.4 the Defendant was justified in withholding the retention sums under Clause 10.2. Separately, on the Sewerage Contract the Court found Plaintiff had fulfilled its contractual obligations and Defendant's counterclaim lacked independent evidence from IWK, hence the counterclaim failed.
28 Jul 2021

LUCKSOON METAL WORKS SDN BHD 1. ) ESAMEGAH SDN BHD 2. ) PROPEL SYNERGY SDN BHD

Citation

WA-22C-43-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-43-06/2020 (Mahkamah Tinggi)

On the evidence D2 proved there were defects and that the Plaintiff breached obligations to rectify them within the DLP and thereafter; D2 failed to establish a contractual right of set-off because it did not comply with Clause 30.4 preconditions; however D2 is entitled to damages under s.74 Contracts Act 1950 for the reasonable cost of third-party rectification as reasonably estimated by quotations; accordingly Plaintiff's claim proceeded in part (sum awarded) and D2's counterclaim for rectification costs was allowed in the sum awarded with interest.

Malaysia Case Law

SIAH KOK PENG 1. ) S'ng Lee Kiang 2. ) Ng Chun Hwa

SUCCESS INPUT SDN BHD PRISTAR HOUSING DEVELOPMENT SDN. BHD.

LUCKSOON METAL WORKS SDN BHD 1. ) ESAMEGAH SDN BHD 2. ) PROPEL SYNERGY SDN BHD