Malaysia Case Law: Decisions & Judgments | LexChat

Topic

User acceptance testing

Legal area

Court

25 Jul 2023

SKYWORLD HOLDINGS SDN BHD Neurogine Sdn Bhd

Citation

BA-22NCC-163-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-163-11/2019 (Mahkamah Tinggi)

The court found on the balance of probabilities that Neurogine performed its contractual obligations (Phase 1 completed, UAT/FAT sign-offs, SkyChat published) and that Skyworld failed to prove the app was non-functional due to Neurogine's breach; Skyworld's refund claim was dismissed and Neurogine's claim for RM1,606,887.00 was allowed, with interest and costs.
22 May 2023

KWANG LI INDUSTRY SDN. BHD. BLUE OCEAN DATA SOLUTIONS SDN. BHD.

Citation

JA-A72NCvC-621-06/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JA-A72NCvC-621-06/2022 (Mahkamah Majistret)

The contract for the APS was a sale by description with implied conditions of fitness for the particular purpose; the defendant, being the specialist supplier, breached those implied conditions by delivering a custom system that repeatedly failed to perform according to the agreed scope and caused operational loss. The plaintiff was entitled to reject the system and rescind the contract, recover the sums paid and claim damages. The UAT signature did not constitute final acceptance of effective performance and estoppel did not apply. The defendant's contractual clause purporting to claim full…