BARCON INDUSTRIES SDN BHD v YESB SDN BHD

wa-12bc-5-04-2023 High Court (Mahkamah Tinggi) 7 March 2024 • WA-12BC-5-04/2023 • 35 min read
20 cases cited (0 SG, 20 foreign)

Outcome

ce to show that YESB has submitted the documents as pleaded in subparagraphs 16.2(a) and (e) in the D & CC to Barcon, I therefore allowed Barcon’s appeal in Appeal No. 5 in part by making an Order for YESB to submit the documents to Barcon by 30.4.2024.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-12bc-5-04-2023). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Whether the SCJ had erred in law and in fact when she allowed YESB’s claim of RM656,868.93 with interest at the rate of 5% per annum on the judgment sum and costs in the sum of RM20,000.00 - Whether the SCJ had erred in fact and in law when she failed to appreciate that YESB deliberately withheld the As-Built Drawings, which YESB has contracted to deliver by virtue of Clause 16 of the LoA - Whether the SCJ had erred in fact and in law when she dismissed Barcon’s counterclaim for loss and damages in the sum of RM670,000.00

Practice Areas

Construction Law Contract

Judges (1)

Aliza binti Sulaiman Delivered

Counsel (6)

C.S. Tan Seah & Partners Firm Leow & Associates Firm Cheong Sek Kwan Counsel Appellant Leow Chai Fah Counsel Appellant Rosamirah Insyirah Binti Zamri Counsel Respondent Tan Chi Sian Counsel Respondent

Parties (2)

BARCON INDUSTRIES Sdn Bhd Appellant YESB Sdn Bhd Respondent

Statutes Cited

Rules of Court 2012

Cases Cited (20)

MY (20)
[1984] 2 MLJ 165 [2003] 2 CLJ 19 [2003] 2 MLJ 97 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2008] 2 CLJ 284 [2008] 2 MLJ 87 [2009] 6 CLJ 626 [2009] 6 MLJ 1 [2010] 3 CLJ 377 [2010] 3 MLJ 509 [2012] 4 MLJ 149 [2012] 6 MLJ 1 [2013] 4 MLJ 693 [2015] 2 MLJ 441 [2016] 2 MLJ 428 [2017] 5 CLJ 58 [2020] 12 MLJ 67 [2022] 1 CLJ 692 [2024] MLJU 2399

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bc-5-04-2023)