Malaysia Case Law: Decisions & Judgments

Topic

Payment certification

Legal area

Court

21 Jul 2025

XXXX Fairview International School Nusajaya Sdn Bhd

Citation

W-02(NCvC)(W)-18-01/2022 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-18-01/2022 (Mahkamah Rayuan)

The LOA fixed a six-month completion to 28 Feb 2015 and contained an express LAD of RM10,000/day which, under the LOA's precedence clause, overrides the GCS cap; the defendant did not validly apply for extension of time under the PAM procedure and unlawfully suspended and failed to complete the works, so LAD ran from 1 Mar 2015 to JKKP certification on 2 Jun 2015 (94 days) equating to RM940,000; plaintiff was entitled to recover third-party rectification costs because defendant failed to deliver works fit for purpose and no valid payment certificates supported defendant's counterclaim, hence…
26 Mar 2025

JACK-IN PILE (M) SDN. BHD. GEOTECHNICAL ALLIANCE SDN. BHD.

Citation

WA-22C-82-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-82-12/2024 (Mahkamah Tinggi)

On a prima facie and preliminary assessment the court found there is a good arguable case and bona fide serious questions about liability for payment and the existence/validity of the Purported Sub-Contract (including indicia of forgery); the balance of convenience favoured preserving the status quo to avoid greater injustice to the Plaintiff; accordingly an ad interim injunction was warranted, granted in terms of prayers (a) and (b) of Enclosure 4, subject to the Plaintiff giving an undertaking as to damages.
10 Jul 2024

Q HORIZON SDN BHD SAMAIDEN SDN BHD

Citation

WA-22C-74-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-74-10/2021 (Mahkamah Tinggi)

On the balance of probabilities the Court found plaintiff proved entitlement only to payment for 41,324 piles accepted by the Defendant at RM30 per pile (RM1,239,720.00) and a nominal 25% value for 17,515 concrete blocks (RM18,828.62), dismissed claims for deviated piles, MMS and variations for lack of proof and absence of approved payment certification; the Defendant proved counterclaims for advances (RM881,860.76) and third-party rectification costs (RM376,175.00) and was entitled to set-off, leaving a net judgment to Plaintiff of RM512.86 with interest and costs directions as ordered.
9 Nov 2023

JM LETRIK SDN. BHD. 1. ) IR TS. HAJI KAMARUZAMAN BIN KASIMIN 2. ) JABATAN KERJARAYA JOHOR 3. ) Kerajaan Malaysia

Citation

JB-12AC-1-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12AC-1-06/2023 (Mahkamah Tinggi)

Appeal dismissed because collectively the contractual clauses establish no privity or government liability to the nominated sub-contractor, the appellant had knowledge of and acquiesced to LAD deductions (and failed to invoice or protest), and the appellant's reliance on contractual rates precludes a quantum meruit restitutionary remedy; accordingly the claim disclosed no triable issue and was properly struck out under Order 18.
28 Apr 2022

BUDAYA RESTU SDN BHD 1. ) Kerajaan Malaysia 2. ) Jabatan Peguam Negara Kerajaan Malaysia

Citation

WA-21C-4-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21C-4-05/2020 (Mahkamah Tinggi)

Plaintiff failed to discharge evidential burden for most rock and trench excavation claims because it did not produce adequate in‑situ soil investigation and objective proof; only Manshield stretch of 27 metres was found to involve rock payable under the Extra Over Item rate at RM6,500/m (RM175,000). Trench rock claim and testing cost claim rejected. Manhole remeasurement claim rejected because prices were rationalised by PHK 2. Plaintiff disentitled to contractual EOTs and consequently to prolongation and idling claims for failing to give timely notices and to demonstrate critical delay caus…
23 Apr 2021

FRONTPRISE INTERIOR SDN BHD ACOUSTRO CORPORATION SDN BHD

Citation

WA-12AC-10-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12AC-10-11/2020 (Mahkamah Tinggi)

Appellant materially prevented issuance of progress payment certificates and had not pleaded or substantiated bona fide triable defences; Respondent therefore entitled to recover unpaid progress payment claims in court as if certificates had been issued, subject to contractual retention deduction; contractual default interest was not established so court awarded discretionary interest at 5% p.a.; summary judgment accordingly entered for Respondent in reduced amount.

Malaysia Case Law

XXXX Fairview International School Nusajaya Sdn Bhd

JACK-IN PILE (M) SDN. BHD. GEOTECHNICAL ALLIANCE SDN. BHD.

Q HORIZON SDN BHD SAMAIDEN SDN BHD

JM LETRIK SDN. BHD. 1. ) IR TS. HAJI KAMARUZAMAN BIN KASIMIN 2. ) JABATAN KERJARAYA JOHOR 3. ) Kerajaan Malaysia

BUDAYA RESTU SDN BHD 1. ) Kerajaan Malaysia 2. ) Jabatan Peguam Negara Kerajaan Malaysia

FRONTPRISE INTERIOR SDN BHD ACOUSTRO CORPORATION SDN BHD