Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Teaming agreement

  • 30 May 2025

    DATAMICRON SYSTEMS SDN BHD DATAKRAF SOLUTION SDN BHD

    Citation
    WA-22NCvC-417-07/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCvC-417-07/2022 (Mahkamah Tinggi)

    The court found on the balance of probabilities that the Defendant breached the Teaming Agreement and the CIMS Subcontract and was unjustly enriched; s.71 Contracts Act 1950 supports restitution/quantum meruit where a party lawfully performs services for another and is not to be unjustly enriched; contemporaneous records justified acceptance of 1,709 man-days at a reasonable rate of RM1,500 per man-day, producing RM2,563,500 less RM200,000 already paid = RM2,363,500 awarded together with interest and costs; exemplary and aggravated damages were not justified.

  • 16 Aug 2022

    Lim Beng Kuan Helms Geomarine Sdn. Bhd.

    Citation
    WA-22NCC-130-04/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22NCC-130-04/2022 (Mahkamah Tinggi)

    The Court found the Commission Agreement unambiguous and binding, the Defendant produced no credible evidence of any variation making payment conditional on Dolphin's consent or on receipt of the retention sum, the Assignment Deed transferred rights to the Plaintiff and was notified to the Defendant, and the Defendant's counterclaim arose from a separate contract and did not raise a bona fide triable issue to defeat the partial summary judgment; accordingly partial summary judgment was granted for the commission on direct payments plus interest and costs.