Malaysia Case Law: Decisions & Judgments

Citation

BA-12BNCvC-8-04/2023 (Mahkamah Tinggi)

Court

High Court

Case number

BA-12BNCvC-8-04/2023 (Mahkamah Tinggi)

Appellate court affirmed the Sessions Court finding that the Defendant repudiated the BOQ contract and that defects existed, but held Plaintiff failed to prove the quantum of claimed special damages; therefore only nominal damages of RM70,000 are recoverable (with 5% p.a. interest from date of filing). The court reduced the trial costs awarded to Plaintiff from RM30,000 to RM5,450. Defendant's cross-appeal was dismissed.

24 Nov 2020

1. ) LIANMARK SDN. BHD. (Co. No.: 821509-K) 2. ) (BY ORIGINAL ACTION) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 1. ) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 2. ) (BY ORIGINAL ACTION) LIANMARK SDN. BHD. (Co. No.: 821509-K)

Citation: 22C-2-01/2017 (Mahkamah Tinggi)
Court: High Court
Case number: 22C-2-01/2017 (Mahkamah Tinggi)

On the facts and documents the plaintiff proved performance and completion of the works; Clause 7 breach (failure to obtain on-site verification) was an innominate, non-essential term that did not deprive the defendant of substantially the whole benefit; defendant affirmed the contract by issuing payment vouchers and making payments and is estopped from terminating; defendant failed to give required defect notices and failed to mitigate so its rectification, supervision and LAD claims fail; defendant proved limited counterclaim items supported by documents; plaintiff entitled to claimed sums,…

Malaysia Case Law

PCOM Pacific Sdn Bhd Chu Kok Wei

1. ) LIANMARK SDN. BHD. (Co. No.: 821509-K) 2. ) (BY ORIGINAL ACTION) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 1. ) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 2. ) (BY ORIGINAL ACTION) LIANMARK SDN. BHD. (Co. No.: 821509-K)