CHERANG SEPADU SDN BHD v 1. ) YUSMIN FAIROS BIN YAHYA 2. ) AHMAD TARMIZI BIN ZAINON

pa-22ncvc-28-03-2024 High Court (Mahkamah Tinggi) 18 September 2025 • PA-22NCvC-28-03/2024

Catchwords

- Full Trial – claim by Plaintiff against Defendant sub-contractor for damages/losses and LAD pursuant to termination of contract; counter claim by Defendant for work done under such contract. - Issues – whether the Defendant had failed in his obligations and the termination valid resulting in the Plaintiff incurring losses; whether the Plaintiff is entitled to LAD; whether the Defendants claim is barred by res judicata due to previous CIPAA proceedings; - Court finds the termination valid due to Defendants unsatisfactory performance whereby the Plaintiff entitled for the losses incurred in having to continue and complete the project. The Plaintiff not entitled to LAD as not proven. Defendant counter claim not barred by res judicata but Defendant has failed to prove his counter claim. - Plaintiff claim allowed in part. Defendant’s counter claim dismissed.

Practice Areas

Construction Law Civil Procedure

Judges (1)

Anand Ponnudurai Delivered

Parties (3)

CHERANG SEPADU Sdn Bhd Plaintiff Ahmad Tarmizi bin Zainon Defendant Yusmin Fairos bin Yahya Defendant

Judgment

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Read on eJudgment

Source: eJudgment (pa-22ncvc-28-03-2024)