Malaysia Case Law: Decisions & Judgments

Topic

Pay‑when‑paid clause

Legal area

Court

10 Jan 2024

PEMPETISYEN JET AVIATION (MALAYSIA) MRO SDN. BHD. TRI-AERO SDN. BHD.

Citation

WA-28NCC-915-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-915-11/2022 (Mahkamah Tinggi)

The court found no contractual provision making payment conditional on receipt from the Government of Malaysia, and the respondent had admitted owing at least RM408,841.96 in its affidavit; accordingly there was no bona fide dispute on substantial grounds and the winding up petition under s465(1)(e) read with s466(1)(a) of the Companies Act 2016 was allowed.
30 Jul 2021

Global Explorer Sdn Bhd 1. ) JEKS BMC SDN BHD 2. ) Dajejarhi Sdn Bhd

Citation

WA-22C-73-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-73-09/2019 (Mahkamah Tinggi)

Plaintiff failed to prove on balance of probabilities that the 1st Defendant instructed or authorized the claimed variations and additional works under the SCA, failed to comply with the SCA's mandatory variation notice and support documentation requirements, and many claimed items were loss-and-expense style damages not contractually recoverable under the SCA; documentary and source evidence of execution and quantum were absent or unreliable; absence of fraud in excluding Plaintiff from FA Agreement; therefore claim against 1st Defendant dismissed though limitation was saved by acknowledged…
4 Feb 2021

TECH ART SDN BHD METROPOLITAN BUMI SDN BHD

Citation

WA-22C-10-02/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-10-02/2018 (Mahkamah Tinggi)

Plaintiff failed to prove liability for vehicle costs and the GFA claim insofar as those claims departed from the pleaded causes of action and relied on unpleaded collateral documents; insurance claim partially allowed for proven quantum only; Defendant established counterclaim that contract sum was reduced to RM63,018,535.83 by nominations to NSCs and proved amounts due (including payments made by Defendant to NSCs) so counterclaim of RM6,838,927.08 succeeded; Clause C.2 construed as 'pay‑when‑paid' (timing) not a condition precedent, so counterclaim not premature; set‑off allowed producing…
3 Feb 2021

1. PEMBINAAN SPK SDN BHD (Syarikat No. 122900-W) 2. BINA PURI HOLDINGS BHD (Syarikat No. 207184-X) CONAIRE ENGINEERING SDN BHD-L.L.C

Citation

W-02(NCvC)(W)-307-02/2019 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-307-02/2019 (Mahkamah Rayuan)

On the totality of evidence and witness credibility the Court of Appeal held the Abu Dhabi judgment was proven on the balance of probabilities, the defendants were the parties named in the ADJ, the translations and trade licences were properly admissible under s.73A given the circumstances, the Kesavan solicitor's letter amounted to an admission that undermined defendants' denials, and therefore the ADJ was enforceable in Malaysia; appeal dismissed.

Malaysia Case Law

PEMPETISYEN JET AVIATION (MALAYSIA) MRO SDN. BHD. TRI-AERO SDN. BHD.

Global Explorer Sdn Bhd 1. ) JEKS BMC SDN BHD 2. ) Dajejarhi Sdn Bhd

TECH ART SDN BHD METROPOLITAN BUMI SDN BHD

1. PEMBINAAN SPK SDN BHD (Syarikat No. 122900-W) 2. BINA PURI HOLDINGS BHD (Syarikat No. 207184-X) CONAIRE ENGINEERING SDN BHD-L.L.C