Malaysia Case Law: Decisions & Judgments

Topic

Subcontractor payment dispute

Legal area

Court

8 Jan 2024

SRI MEDAN HOLDING SDN. BHD. CYCLETONE SDN. BHD.

Citation

JA-12BNCvC-37-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCvC-37-11/2022 (Mahkamah Tinggi)

The appellate court affirmed the Sessions Court: the plaintiff proved on the balance of probabilities that it completed the works at the three sites and is entitled to the unpaid balance; documentary evidence (as-built drawings, invoices, delivery orders) and the main contractor's written assurance rendered the defendant liable; credibility findings of the trial judge were not dislodged on appeal.
18 May 2023

NOBBY ENGINEERING (M) SDN BHD MMN BINA SDN BHD

Citation

CA-12BNCvC-2-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CA-12BNCvC-2-08/2022 (Mahkamah Tinggi)

The High Court allowed the appeal, finding that the factual matrix — representations by MMN Bina's managing director, communications using MMN Bina email and contact with MMN Bina employees, prior dealings between the parties and the manner the work order was issued — established a contractual relationship (including a collateral contract) binding MMN Bina. The Sessions Court erred by failing to give weight to those representations and contextual evidence; MMN Bina is liable to pay the outstanding RM204,607.55 to Nobby Engineering.
30 Jun 2022

MOHD MUZANI BIN MUHAMED MOHD KASMALI BIN IBRAHIM

Citation

TA-A72NCvC-89-09/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

TA-A72NCvC-89-09/2021 (Mahkamah Majistret)

On the balance of probabilities the plaintiff proved existence of an oral subcontract and that he built, completed and delivered five units; the defendant received payments from MARA/SPNB and failed to pay the outstanding balance, resulting in unjust enrichment; defendant's failure to call witnesses permitted adverse inferences; accordingly judgment entered for plaintiff for the outstanding sum and interest with costs on the prescribed scale.
13 Dec 2019

1. ) SS BASE CONTRACTORS SDN. BHD. 2. ) PLUS ASSET SOLUTION SDN. BHD. 1. ) 1. SHANMUGHANATHAN A/L VELLANTHURAI 2. ILHAM BANGSA (M) SDN. BHD. 3. TAILAMI A/P PALANIANDY 4. VIJAYALETCHUMY A/P VELLANDURAI 5. MY SIGNATURE HOTEL (M) SDN. BHD. 6.

Citation

WA-22C-90-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-90-10/2018 (Mahkamah Tinggi)

The application to strike out was dismissed because the Plaintiff established a prima facie case and raised triable issues of fact and law as to D1's involvement and possible use of related companies as fronts; the claim was not obviously unsustainable on its face and resolution requires full trial rather than summary disposal.

Malaysia Case Law

SRI MEDAN HOLDING SDN. BHD. CYCLETONE SDN. BHD.

NOBBY ENGINEERING (M) SDN BHD MMN BINA SDN BHD

MOHD MUZANI BIN MUHAMED MOHD KASMALI BIN IBRAHIM

1. ) SS BASE CONTRACTORS SDN. BHD. 2. ) PLUS ASSET SOLUTION SDN. BHD. 1. ) 1. SHANMUGHANATHAN A/L VELLANTHURAI 2. ILHAM BANGSA (M) SDN. BHD. 3. TAILAMI A/P PALANIANDY 4. VIJAYALETCHUMY A/P VELLANDURAI 5. MY SIGNATURE HOTEL (M) SDN. BHD. 6.