XXXX v Fairview International School Nusajaya Sdn Bhd

w-02ncvcw-18-01-2022 Court of Appeal (Mahkamah Rayuan) 20 July 2025 • W-02(NCvC)(W)-18-01/2022 • 36 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

Liquidated ascertained damages claim - discrepancy between the LOA and other documents - no written notice given for extension of time - unwarranted delay - rectification costs - loss of income from student intake - defendant’s counter-claim for payment - issuance of a valid payment certificate certainly must be a condition

Practice Areas

Liquidated ascertained damages claim

Judges (3)

Azmi bin Ariffin Delivered Ismail bin Brahim Coram Supang Lian Coram

Counsel (5)

Chambers of Firdaus Firm Kanesh Sundrum & Co Firm David A/L Samuel Counsel Appellant Jessica Ram Binwani Counsel Respondent Tashalini Kopal Counsel Respondent

Parties (2)

Fairview International School Nusajaya Sdn Bhd Respondent Xxxx Appellant

Case Significance

XXXX v Fairview International School Nusajaya Sdn Bhd is a Court of Appeal (Mahkamah Rayuan) decision dated July 20, 2025 (citation: w-02ncvcw-18-01-2022). <p>MS Elevators Engineering appealed the High Court's decision awarding Fairview International School RM940,000 in liquidated damages for 94 days delay in installing three lifts, plus RM70,294.80 in rectification costs and RM35,000 nominal damages for lost student fees. The Court of Appeal dismissed the appeal, finding no merits and affirming that the defendant was not entitled to payment without a valid certification from the consultant.</p> The panel comprised Azmi bin Ariffin, Ismail bin Brahim and Supang Lian, with Azmi bin Ariffin delivering the judgment. Counsel appearing: David A/L Samuel (counsel for appellant), Jessica Ram Binwani (counsel for respondent), Tashalini Kopal (counsel for respondent).

Summary

MS Elevators Engineering appealed the High Court's decision awarding Fairview International School RM940,000 in liquidated damages for 94 days delay in installing three lifts, plus RM70,294.80 in rectification costs and RM35,000 nominal damages for lost student fees. The Court of Appeal dismissed the appeal, finding no merits and affirming that the defendant was not entitled to payment without a valid certification from the consultant.

What was the outcome of XXXX v Fairview International School Nusajaya Sdn Bhd?

<p>MS Elevators Engineering appealed the High Court's decision awarding Fairview International School RM940,000 in liquidated damages for 94 days dela...

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (4)

UK (1)

[2013] 1 WLR 2477

MY (3)

[1996] MLJU 359112 [2010] 6 CLJ 857 [2020] 12 MLJ 67