DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD
Catchwords
CONTRACT: Rescission of contract – Large-scale Government project to construct, fully equip a data centre and relocate equipment, fixtures and fittings from existing data centre to new location – Allegation of total failure of consideration – Restitution of the sum – Unjust enrichment – Preparation works done – No basis for rescission ab initio – Sections 40 and 56 of the Contracts Act 1950 CONTRACT: Frustration – Impossibility of performance – Change of the location of the project site – Radically different bargain - Sections 57(1) and (2) of the Contracts Act 1950 CONTRACT: Remedy in the event of frustration – Defendant failed to discharge the burden of proving expenses – Plaintiff’s claims allowed – Counterclaim dismissed – Section 57(3) and 66 of the Contracts Act 1950 – Section 15 of the Civil Law Act 1956
Practice Areas
Judges (1)
Case Significance
DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD is a High Court (Mahkamah Tinggi) decision dated August 21, 2025 (citation: ba-22ncvc-16-01-2023). The case was decided by Elaine Yap Chin Gaik.
Key issues: CONTRACT: Frustration – Impossibility of performance – Change of the location of the project site – Radically different bargain - Sections 57(1) and (2) of the Contracts Act 1950.
What was the outcome of DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD?
DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD is a High Court decision dated August 21, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.