Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Success fee agreements

Legal area

Court

6 Oct 2023

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Citation

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)

Section 66 does not render the Agreement invalid because it applies only where execution under common seal is required; the pleaded facts and admissions (including audit admission letters and performance) established a prima facie entitlement to the claimed sums, so the defendant's counterclaim based solely on alleged non‑compliance with s66 was a non‑triable, technical defence and the counterclaim was struck out.
4 Oct 2023

K.S. LEE ENERGY LLP TOYO INK GROUP BERHAD

Citation

WA-22NCvC-202-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-202-04/2023 (Mahkamah Tinggi)

Plaintiff failed to prove the express conditions in Clause 4.2 of the Project Success Fee Agreement (no equity contributions by the defined Investors and no debt finance at Financial Close), therefore no contractual entitlement to the claimed success fee; following Barton v Morris the contract's express allocation precludes quantum meruit/unjust enrichment or Section 71 relief; moreover the claim is barred by the wider doctrine of res judicata because plaintiff omitted the claim from earlier Sessions Court proceedings without bona fide explanation; accordingly the suit is dismissed with costs.