Malaysia Case Law: Decisions & Judgments

Topic

Defects and rectification

Legal area

Court

26 May 2025

BESTINET SDN. BHD. 3B IDEATION SDN. BHD.

Citation

WA-12BC-20-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BC-20-12/2022 (Mahkamah Tinggi)

The High Court held there were two separate contracts (a design-and-build Contract 1 and a separate Contract 2 for supply works); many design changes were instructed by the Appellant thereby limiting the Respondent's liability for certain defects and for works by NSCs; the Sessions Court's adverse credibility findings and assessment of expert evidence were largely upheld, but specific findings were varied to award Bestinet RM13,233.35 for timber flooring rectification, RM115,000 for completion of M&E works/testing and RM90,000 to engage consultants to complete statutory submissions; all other…
12 Sept 2023

K.K. ORIENTAL BUILDER SDN BHD MERCHANT SYNERGY SDN BHD

Citation

BA-22C-46-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22C-46-10/2020 (Mahkamah Tinggi)

Clause 6.0 of the Letters of Award remained binding because the Defendant failed to produce evidence of any amendment; Plaintiff proved entitlement to the claimed sums: LA-1 and LA-2 were completed with CCCs established and LA-3 and LA-4 were incompletable due to the MCO stop order so Plaintiff is entitled to payment on a quantum meruit basis measured by its progressive claims; Defendant failed to prove its counterclaims for rectification costs and LAD due to insufficient, unreliable evidence and failure to produce critical documents (eg CPC).
3 Nov 2022

1. ) TOH SHU HUA 2. ) TOH SHU CHING 3. ) AHMAD FARID BIN MOHD SHAHBUDIN 4. ) JOEAKMAL BIN JOHARI 5. ) HAIRUL HILMI BIN RAMLEE 6. ) AQILAH BINTI YAHAYA 7. ) MUHAMAD FARHAN BIN MISNAN 8. ) MOHD ASMIZAL BIN CHE MAT 9. ) NIK ALYANI BINTI NIK AB

Citation

WA-22NCvC-296-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-296-05/2019 (Mahkamah Tinggi)

The statutory completion period in Form H controlled; the purported extension was ineffective, the developer breached statutory obligations by late delivery; the developer made actionable misrepresentations in marketing materials inducing purchases; plaintiffs entitled to damages and rectification for defects within the defects liability period; parent company not vicariously liable absent evidence of control. Remedies awarded accordingly.

Malaysia Case Law

BESTINET SDN. BHD. 3B IDEATION SDN. BHD.

K.K. ORIENTAL BUILDER SDN BHD MERCHANT SYNERGY SDN BHD

1. ) TOH SHU HUA 2. ) TOH SHU CHING 3. ) AHMAD FARID BIN MOHD SHAHBUDIN 4. ) JOEAKMAL BIN JOHARI 5. ) HAIRUL HILMI BIN RAMLEE 6. ) AQILAH BINTI YAHAYA 7. ) MUHAMAD FARHAN BIN MISNAN 8. ) MOHD ASMIZAL BIN CHE MAT 9. ) NIK ALYANI BINTI NIK AB