Pumpfield Corporation Sdn Bhd v 1. ) KETUA SETIAUSAHA KEMENTERIAN KEMAJUAN LUAR BANDAR DAN WILAYAH 2. ) Kerajaan Malaysia 3. ) BAKTIJAYA RESOURCES SDN. BHD.
Catchwords
This is an appeal against the 20 September 2024 decision of the learned Session Court Judge dismissing part of the appellant's claim. The decision was that the learned Session Court Judge had limited the appellant's claim at the lower court, where instead of awarding the appellant the full sum of RM550,718.66, which the appellant claims should be made jointly and severally liable by the respondents, the learned Session Court Judge awarded only RM417,810.82 against the third respondent, not the respondents collectively. Having reviewed the arguments presented by the parties and the reasoning provided by the learned Sessions Court Judge, the Court does not find any appealable error on the part of Her Honour in awarding RM417,810.82. The reason for this is that the appellant and the third respondent were the only contracting parties for the implementation of the work. Therefore, the third respondent must still certify the amount due to the appellant. As a result, the first and second respondents would not be able to verify its accuracy and would be forced to pay any amount claimed by the appellant as an assignee. In light of the above findings, the Court is constrained to dismiss the appellant's appeal with costs of RM10,000.00, subject to allocatur.
Practice Areas
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12bncvc-121-10-2024)