AKS SEPAKAT SDN BHD v Kerajaan Malaysia

wa-12bc-12-10-2024 High Court (Mahkamah Tinggi) 5 October 2025 • WA-12BC-12-10/2024

Catchwords

Enclosure 1. CONTRACT — Maintenance contract — Lump sum contract — Whether contract is a “pure” lump sum contract — Effect of contractual clause requiring monthly verification and certification of works — Whether deductions for non-performance permissible under Clause 29 of Contract— Interim Payment Certificates (IPCs) — Effect of contractor signing IPCs without protest — Estoppel from disputing deductions after final account certification — Primacy of contemporaneous documentary records over oral assertions CIVIL PROCEDURE-Appeal — Appeal against Sessions Court decision dismissing plaintiff’s claim after full trial — Absence of grounds of judgment below — Appellate court’s duty to independently examine record of appeal — Whether findings were plainly wrong or unsupported by evidence — Burden of proof under ss. 101–103 Evidence Act 1950 — Failure of plaintiff to adduce contemporaneous evidence of performance — Whether appellate intervention warranted

Practice Areas

Judges (1)

Rajes Raghavji Delivered

Parties (2)

AKS SEPAKAT Sdn Bhd Appellant Kerajaan Malaysia Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bc-12-10-2024)