Malaysia Case Law: Decisions & Judgments

Topic

Reasonable time for performance

Legal area

Court

7 Oct 2024

1. ) KEJURUTERAAN ELEKTRIK SRI KRIS SDN BHD 2. ) SRI AYYANAREESWARAR @ SURESH A/L D.KRISHNA DMD MARINE ENGINEERING (M) SDN BHD

Citation

JA-12BNCvC-23-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-23-09/2022 (Mahkamah Tinggi)

The appeal was allowed because time for performance was not specified and it was unreasonable to expect completion by February 2019 given TNB approvals and bank guarantee timing; the Sessions Court was wrong to find no work performed and to order full repayment of RM250,000. The unilateral termination was invalid where time was not of the essence, and the proper course is assessment of the defendants' claim on quantum meruit for work done; matter remitted to Sessions Court for assessment; costs to appellants.
24 Feb 2022

Chang Chooi Li & 1 yang lain Lee Yoke Pei

Citation

JG-A72NCVC-43-03/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-A72NCVC-43-03/2019 (Mahkamah Majistret)

Claims and counterclaims dismissed because plaintiffs failed to discharge evidential burden: absence of expert evidence on technical repair issues, key documentary evidence was inadmissible or unproven (documents in Part B/C without makers), special damages (storage) were not substantiated by contemporaneous documentary proof, plaintiffs failed to mitigate losses despite proposal to place funds in stakeholder account, and defendant's counterclaim evidence and witnesses lacked credibility; accordingly stakeholder sum held by plaintiffs' solicitors returned to defendant and each party bears own…
12 Aug 2021

MOHAMAD@MD NOR BIN ZAKARIA (NO. K/P: 490716-03-5095/1541349) 1. NASARUDIN BIN ZAMIN (NO. K/P: 770422-03-6179/A3608462) 2. IRPHAN BIN ABD AZIZ (NO. K/P: 790817-03-5355)

Citation

DA-22NCvC-60-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-60-12/2020 (Mahkamah Tinggi)

Pleadings disclosed a plausible cause of action and material factual disputes exist (reasonable time for payment, nature and timing/value of transfer, whether second defendant is a bona fide purchaser, possible conspiracy); these issues require viva voce evidence at a full trial and are not appropriate for dismissal under Order 18 r.19; defendants' strike-out application is therefore dismissed with costs RM2,000.

Malaysia Case Law

1. ) KEJURUTERAAN ELEKTRIK SRI KRIS SDN BHD 2. ) SRI AYYANAREESWARAR @ SURESH A/L D.KRISHNA DMD MARINE ENGINEERING (M) SDN BHD

Chang Chooi Li & 1 yang lain Lee Yoke Pei

MOHAMAD@MD NOR BIN ZAKARIA (NO. K/P: 490716-03-5095/1541349) 1. NASARUDIN BIN ZAMIN (NO. K/P: 770422-03-6179/A3608462) 2. IRPHAN BIN ABD AZIZ (NO. K/P: 790817-03-5355)