Malaysia Case Law: Decisions & Judgments

Topic

Incorporation of standard terms

Legal area

Court

27 Sept 2021

ASIA HONOUR PAPER INDUSTRIES (M) SDN BHD VIRIDIS ENGINEERING SDN BHD

Citation

WA-12BNCVC-40-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCVC-40-06/2021 (Mahkamah Tinggi)

Termination upheld: Standard Terms and Conditions were incorporated by attachment to the Purchase Order email and acknowledged; Respondent insisted on unreasonable standby and demobilization rates and refused to negotiate or commence works, constituting failure to comply with contract and permitting termination under clause 10(c), alternatively amounting to total failure of consideration under s40 Contracts Act; no performance occurred so part payment RM199,740 must be refunded; Respondent's claim for RM166,060 loss of profit fails because clause 18 excludes such liability and Respondent fail…
28 Dec 2020

SOON HIN HARDWARE SENDIRIAN BERHAD (No. Syarikat: 197201000947 (12519-M)) SAPURA FABRICATION SDN BHD (No. Syarikat: 198201003562 (83307-K))

Citation

AA-A72NCC-439-07/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AA-A72NCC-439-07/2020 (Mahkamah Majistret)

Plaintiff met Order 14 prerequisites and established a prima facie case; the late payment penalty was incorporated by reference to the buyer's standard terms as evidenced by the purchase orders and invoices; the defendant failed to demonstrate a meritorious or triable defence on (a) non-agreement of the clause, (b) calculation, or (c) non-delivery of penalty invoices; accordingly summary judgment was proper in favour of the plaintiff and costs awarded.

Malaysia Case Law

ASIA HONOUR PAPER INDUSTRIES (M) SDN BHD VIRIDIS ENGINEERING SDN BHD

SOON HIN HARDWARE SENDIRIAN BERHAD (No. Syarikat: 197201000947 (12519-M)) SAPURA FABRICATION SDN BHD (No. Syarikat: 198201003562 (83307-K))