CERAMTEC INNOVATIVE CERAMIC ENGINEERING (M) SDN BHD v ICONIC MEDICARE SDN. BHD
Catchwords
Full trial – the claim by the Plaintiff and counterclaim by the Defendant for alleged breach of contract between both companies with both alleging to have suffered loss and damage arising from each other’s breach/conduct. Issues: a. Whether the Defendant is liable to pay the Plaintiff the sum of RM 44,130.00 being the costs of scrapping of moulds and scrapping of formers at the WIP (work in progress) stage, which the Plaintiff had produced to be later delivered to the Defendant under PO 50? b. Whether as a result of the Plaintiff’s failure to deliver formers under PO 48A, the Defendant has engaged/entered into a contract with PT Mark Dynamics Pte Ltd, thereby incurring a loss for an amount of RM 583,800.00? c. Whether the Plaintiff is liable to pay the Defendant an amount of USD 3,760,000.00 which is the alleged loss of profits suffered by the Defendant as a result of the delay caused by the non-performance of PO 48A and PO 50? Held: The Court finds that the Plaintiff had breached the terms of the agreement by failing to deliver the formers within the agreed time. The Court finds that the Defendant is not liable to pay the Plaintiff the sum of RM 44,130.00 being the costs of scrapping of moulds and scrapping of formers at the WIP (work in progress) stage. The Court also finds that the Defendant has sufficiently established that the Plaintiff’s failure to deliver formers under PO 48A led to the Defendant to engage/enter into a contract with PT Mark Dynamics Pte Ltd for the supplies of formers, thereby incurring a loss for an amount of RM 583,800.00. The Court finds that there is no sufficient evidence adduced to substantiate the claim of loss of profits. The Court hereby dismisses the Plaintiff’s claim and allows the Defendant’s counterclaim for the sum of RM583,800.00
Practice Areas
Full trial b. Whether as a result of the Plaintiff’s failure to deliver formers under PO 48A, the Defendant has engaged/entered into a contract with PT Mark Dynamics Pte Ltd, thereby incurring a loss for an amount of RM 583,800.00? c. Whether the Plaintiff is liable to pay the Defendant an amount of USD 3,760,000.00 which is the alleged loss of profits suffered by the Defendant as a result of the delay caused by the non-performance of PO 48A and PO 50? Held: The Court finds that the Plaintiff had breached the terms of the agreement by failing to deliver the formers within the agreed time. The Court finds that the Defendant is not liable to pay the Plaintiff the sum of RM 44,130.00 being the costs of scrapping of moulds and scrapping of formers at the WIP (work in progress) stage. The Court also finds that the Defendant has sufficiently established that the Plaintiff’s failure to deliver formers under PO 48A led to the Defendant to engage/enter into a contract with PT Mark Dynamics Pte Ltd for the supplies of formers, thereby incurring a loss for an amount of RM 583,800.00. The Court finds that there is no sufficient evidence adduced to substantiate the claim of loss of profits. The Court hereby dismisses the Plaintiff’s claim and allows the Defendant’s counterclaim for the sum of RM583,800.00
Judges (1)
Case Significance
CERAMTEC INNOVATIVE CERAMIC ENGINEERING (M) SDN BHD v ICONIC MEDICARE SDN. BHD is a High Court (Mahkamah Tinggi) decision dated February 27, 2025 (citation: pa-22ncvc-124-07-2023). The case was decided by Anand Ponnudurai.
Key issues: Held: The Court finds that the Plaintiff had breached the terms of the agreement by failing to deliver the formers within the agreed time..
What was the outcome of CERAMTEC INNOVATIVE CERAMIC ENGINEERING (M) SDN BHD v ICONIC MEDICARE SDN. BHD?
CERAMTEC INNOVATIVE CERAMIC ENGINEERING (M) SDN BHD v ICONIC MEDICARE SDN. BHD is a High Court decision dated February 27, 2025. The case was heard by Anand Ponnudurai. See the full judgment for details.