Malaysia Case Law: Decisions & Judgments

Topic

Subcontract payment

Legal area

Court

31 Dec 2024

WK PLASTERCEIL AND CONSTRUCTION SDN BHD CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN. BHD. (Dahulunya dikenali sebagai China Construction Third Engineering Group (M) Sdn. Bhd.)

Citation

JA-B52NCC-145-10/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-B52NCC-145-10/2022 (Mahkamah Sesyen)

On the balance of probabilities plaintiff proved submission and receipt of Progress Claim No.22 and completion of works; defendant's late-produced meeting minutes, unsigned drafts and witness SD1 lacked credibility; the Sale and Purchase Agreement effecting transfer of the unit constituted a set-off valued at RM565,326 against the claimed RM1,040,691.91, leaving a balance of RM475,365.91 payable to plaintiff; costs awarded on scale.
19 Jul 2024

OASIS SURIA SDN. BHD. ULTIVICTORY SDN. BHD.

Citation

AA-12BNCvC-5-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-12BNCvC-5-09/2023 (Mahkamah Tinggi)

The written subcontract unambiguously apportioned 2% to the defendant and 98% to the plaintiff of the agreed net contract sum; third‑party performance by CBSB did not relieve the defendant of its contractual obligation to pay the plaintiff, and after plaintiff's withdrawals the defendant must pay RM274,735.13 plus costs RM5,000, and the defendant's counterclaim fails.
14 Nov 2023

PEMBINAAN THIN CHAI SDN BHD OKA MARKETING SDN BHD

Citation

JA-22C-6-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-6-09/2022 (Mahkamah Tinggi)

The application for discovery (enclosure 13) was dismissed because the Plaintiff failed to establish that the documents sought were relevant and in the Defendant's possession, custody or power as required by O.24 r.7a ROC 2012; the Plaintiff's evidence was inconsistent as to who held the documents and did not satisfy the burden on balance of probability that discovery was necessary to dispose fairly of the matter or save costs.
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…
28 Jul 2020

JING SHENG CONSTRUCTION & ENGINEERING SDN BHD CRN ENGINEERING (M) SDN BHD

Citation

WA-12BC-8-08/2019 & WA-A52C-30-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BC-8-08/2019 & WA-A52C-30-10/2018 (Mahkamah Tinggi)

The trial judge correctly found the invoices were inadequate and inconsistent with proved work, the signatures constituted acknowledgment of receipt not admission of debt, the plaintiff failed to prove quantum on the balance of probabilities, and the High Court will not overturn such fact findings absent a plainly wrong conclusion; appeal dismissed.

Malaysia Case Law

WK PLASTERCEIL AND CONSTRUCTION SDN BHD CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN. BHD. (Dahulunya dikenali sebagai China Construction Third Engineering Group (M) Sdn. Bhd.)

OASIS SURIA SDN. BHD. ULTIVICTORY SDN. BHD.

PEMBINAAN THIN CHAI SDN BHD OKA MARKETING SDN BHD

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

JING SHENG CONSTRUCTION & ENGINEERING SDN BHD CRN ENGINEERING (M) SDN BHD