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

Enclosure 1. CONTRACT

Judges (1)

Rajes Raghavji Delivered

Parties (2)

AKS SEPAKAT Sdn Bhd Appellant Kerajaan Malaysia Respondent

Case Significance

AKS SEPAKAT SDN BHD v Kerajaan Malaysia is a High Court (Mahkamah Tinggi) decision dated October 5, 2025 (citation: wa-12bc-12-10-2024). The case was decided by Rajes Raghavji.

What was the outcome of AKS SEPAKAT SDN BHD v Kerajaan Malaysia?

AKS SEPAKAT SDN BHD v Kerajaan Malaysia is a High Court decision dated October 5, 2025. The case was heard by Rajes Raghavji. See the full judgment for details.