SK M&E Bersekutu Sdn. Bhd. v Pembinaan Legenda Unggul Sdn. Bhd.

02f-130-11-2017-w Federal Court (Mahkamah Persekutuan) 11 March 2019 • 02(f)-130-11/2017 (W)

Catchwords

Contract — Building contract — Retention sum held by employer - Employer went into voluntary liquidation owing millions of ringgit in unpaid retention monies to numerous subcontractors — Whether pending its release, employer held retention sum on trust for contractor/subcontractor — Whether subcontractors only had a claim in debt unless facts and circumstances strongly indicated that monies were held on trust for them by employer — Whether trust can be implied in absence of any express trust provision

Practice Areas

Contract Construction Law Equity & Trusts

Judges (5)

Ahmad bin Haji Maarop Coram Azahar bin Mohamed Coram Mohd Zawawi bin Salleh Coram Panglima Richard Malanjum Delivered Rohana binti Yusuf Coram

Parties (2)

Pembinaan Legenda Unggul Sdn Bhd Respondent SK M&E Bersekutu Sdn Bhd Appellant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (02f-130-11-2017-w)