Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Principal liability

Legal area

Court

26 Jul 2024

KINU SDN. BHD. Kerajaan Malaysia (Jabatan Kerja Raya Malaysia)

Citation

WA-24C-202-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-202-12/2023 (Mahkamah Tinggi)

Although JKR was found to be the principal under s4 CIPAA, KINU failed to prove that money was due or payable by JKR to Nukima at the time of the written request as required by s30(5) CIPAA; absence of that foundational precondition meant s30 remedy could not be invoked, therefore the application for direct payment was dismissed.
24 Nov 2022

ZEDELTA SDN BHD MAYLAND SUPREME SDN BHD

Citation

WA-24C-143-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24C-143-07/2022 (Mahkamah Tinggi)

The Court held that the Plaintiff had satisfied s 30 CIPAA prerequisites and the Defendant, as principal, failed to discharge the evidential burden to prove that no money was due or payable to CR Sea at the time of the written request (2.6.2022). Accordingly, the Defendant was obliged under s 30(3) CIPAA to make direct payment to the Plaintiff. The Court followed precedent construing 'adjudicated amount' to allow interest on the adjudicated sum and awarded interest from the Court's decision date and costs as ordered.