Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Direct payment to subcontractor

Legal area

Court

25 Mar 2024

TERAJU PRECAST SERVICES SDN BHD Kerajaan Malaysia

Citation

JA-12BNCvC-6-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-6-03/2023 (Mahkamah Tinggi)

Appellant failed to discharge the burden of proof to show entitlement to the claimed outstanding payments or retention; payments under the DOA required certification by the assignor (Laras Niaga) and the contract (Clause 47) terminated the sub-contract upon termination of the main contract; therefore the Sessions Court was correct to dismiss the claim and the appeal is dismissed with costs.
23 Feb 2023

TERAJU PRECAST SERVICES SDN BHD Kerajaan Malaysia

Citation

JA-A51NCvC-30-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A51NCvC-30-03/2022 (Mahkamah Sesyen)

Plaintiff failed to discharge the burden of proving on the balance of probabilities that the unpaid sums were due and payable by the Defendant because payments under the Deed of Assignment were limited to amounts certified by the main contractor and there was no documentary proof of certification/variation supporting the claimed quantum; termination of the main contract ended/limited Government liability and the retention sum was not contractually payable to the subcontractor. Claim dismissed.