CENTRAL SUGARS REFINERY SDN BHD v HOLSTEN MARKETING (M) SDN BHD.

ba-22ncvc-155-04-2021 High Court (Mahkamah Tinggi) 4 January 2026 • BA-22NCvC-155-04/2021 • 21 min read

6 cases cited (0 SG, 6 foreign)

Outcome

Accordingly, Holsten’s counterclaim is dismissed and CSR's claim is allowed as prayed in the Statement of Claim, prayer i, ii and iii : “i. Judgment in the sum of RM1,783,500.00 (the “Total Outstanding Sum”) or such sum as ordered by this Honourable Court shall be paid by the Defendant to the Plaintiff; ii.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-22ncvc-155-04-2021). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

This is a claim arising from a commercial contract for the supply of sugar. The Plaintiff seeks, among other things, a refund of the deposit and contractual late-delivery interest, contending that the Defendant failed to deliver the sugar in accordance with the agreed delivery schedule under the contract. The Defendant denies liability, contends that the Plaintiff committed a repudiatory breach by failing to pay part of the purchase price, and counterclaims for alleged losses resulting from the Plaintiff’s conduct, asserting that it is entitled to retain the deposit. The Plaintiff’s claim is allowed, and the Defendant’s counterclaim is dismissed.

Practice Areas

Contract Damages

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (6)

Law Partnership Firm R. Kengadharan & Co. Firm C. Sivasankar Counsel Defendant Cheryl Chung Ke Han Counsel Plaintiff Lucy Lee Zhe Hui Counsel Plaintiff Suaran Singh Sidhu Counsel Plaintiff

Parties (2)

CENTRAL SUGARS REFINERY Sdn Bhd Plaintiff HOLSTEN MARKETING Sdn Bhd Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (6)

MY (6)

[1995] 3 MLJ 331 [1999] 4 MLRH 377 [2005] 3 MLJ 585 [2017] 1 MLJ 418 [2019] 2 CLJ 723 [2020] 9 MLJ 15

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-155-04-2021)