BENAREL INTERNATIONAL SDN BHD v 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) Ketua Pengarah Jab. Imigresen Malaysia 3. ) Kerajaan Malaysia

w-01ncvcw-410-07-2023 Court of Appeal (Mahkamah Rayuan) 19 May 2025 • W-01(NCvC)(W)-410-07/2023 • 18 min read
8 cases cited (0 SG, 8 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (5)

Parties (4)

Case Significance

BENAREL INTERNATIONAL SDN BHD v 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) Ketua... is a Court of Appeal (Mahkamah Rayuan) decision dated May 19, 2025 (citation: w-01ncvcw-410-07-2023). <p>Benarel International Sdn Bhd claimed RM67.9 million from the Government for ad-hoc data processing services allegedly requested by the Immigration Department outside the scope of proof-of-concept demonstrations for its REGISTA foreign worker identification system. The Court of Appeal unanimously dismissed the appeal, affirming the High Court's finding that the appellant failed to establish a legal basis for its quantum meruit claim under Section 71 of the Contracts Act 1950, as the services The panel comprised Ahmad Fairuz bin Zainol Abidin, Noorin binti Badaruddin and Supang Lian, with Ahmad Fairuz bin Zainol Abidin delivering the judgment. Counsel appearing: Amira Nur Nadia bt Azhar (counsel for appellant), Husniyyah Binti Hanapi (counsel for respondent), Rajashree Suppiah (counsel for appellant), Rex Kuan Kai Tat (counsel for appellant).

Key issues: Claims for ad-hoc service’s payment-whether the principle and condition of quantum meriut under section 71 Contract Act applicable-whether there is absence of contractual agreement.

Summary

Benarel International Sdn Bhd claimed RM67.9 million from the Government for ad-hoc data processing services allegedly requested by the Immigration Department outside the scope of proof-of-concept demonstrations for its REGISTA foreign worker identification system. The Court of Appeal unanimously dismissed the appeal, affirming the High Court's finding that the appellant failed to establish a legal basis for its quantum meruit claim under Section 71 of the Contracts Act 1950, as the services were performed voluntarily without any contractual agreement for payment.

What was the outcome of BENAREL INTERNATIONAL SDN BHD v 1. ) MENTERI DALAM NEGERI MALAYSIA 2. ) Ketua...?

<p>Benarel International Sdn Bhd claimed RM67.9 million from the Government for ad-hoc data processing services allegedly requested by the Immigration...

Statutes Cited

Contracts Act
s 71

Cases Cited (8)

UK (1)
[1936] 2 KB 403
MY (7)
[1983] 2 MLJ 324 [2008] 1 CLJ 123 [2010] 8 CLJ 592 [2015] 9 CLJ 1002 [2017] MLJU 1330 [2020] MLJU 1469 [2024] 2 CLJ 728