SARASWATHI A/P NADARAJAN v K. H. KHOON CONSTRUCTION SDN. BHD.
8 cases cited
(0 SG, 8 foreign)
Outcome
On these grounds, I dismissed D’s appeal with costs of RM5k to be paid by D to P by 9.9.2024. Costs are subject to the allocatur. The Sessions Court’s decision was affirmed.
Catchwords
1. The Appellant is the Defendant in a 2022 Sessions Court Suit No. PA-A52-11-06/2022 (Suit 11). The Respondent is the Plaintiff. The parties will be refered to as “P” and “D”. 2. P is a construction contractor. D owns a property known as Lot 10010, Seksyen 6, Georgetown, Penang (Property). D hired P to build a three-storey house on the Property for the price of RM1.65 million. The contract between the parties is a letter of award dated 28.12.2020 (LOA). 3. Between January 2021 and August 2021, P issued to D six progress bills, for a total of RM809,500.00. These first six progress bills were the subject of an earlier 2021 Sessions Court Suit No. PA-B52-11-12/2021 (the earlier suit). 4. The earlier suit concerning the first six progress bills was pending and will be determined on its merits. 5. On 17.3.2022, P issued another progress bill: its 8th progress bill, for RM190K (Progress Bill No. 8). Progress Bill No. 8 is the subject of Suit 11. P’s claim in Suit 11 includes a claim for RM190K. D filed a Defence And Counterclaim (DACC) 6. P applied to strike out D’s DACC under Order 18 Rule 19(1) of the Rules Of Court 2012, and to enter judgment against D. The Sessions Court allowed P’s application and accordingly entered judgment against D. D appealed to the High Court.
Practice Areas
Judges (1)
Counsel (4)
Statutes Cited
Rules of Court 2012
Cases Cited (8)
UK (2)
[1892] 3 Ch 274 [1899] 1 QB 86
MY (6)
[1993] 2 AMR 1969 [1993] 3 MLJ 36 [1993] 4 CLJ 7 [2018] 9 CLJ 425 [2018] AMR 529 [2019] 1 MLJ 59
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-12a-45-12-2022)