MRCB BUILDERS SDN BHD v 1. ) KWANG LI CONSTRUCTION & TRANSPORTATION 2. ) CHAN KAH WAI 3. ) CHAI YEE HIN 4. ) Te Chee Siong 5. ) Lim Soon Seng PIHAK KETIGA Zulbahari Abu Bakar

wa-22c-14-02-2020 High Court (Mahkamah Tinggi) 8 June 2025 • WA-22C-14-02/2020 • 83 min read
20 cases cited (0 SG, 20 foreign)

Outcome

I therefore dismiss D1’s counterclaim for the release of the retention sum and performance bond. [165] For the record, learned counsels for the respective parties were then directed by this Court to submit both in written form and subsequently orally before this Court on the issue of damages and costs. [166] I have after reading the Written Submissions and hearing the respective learned counsels for the parties hold that Special damages have not been proven by the Plaintiff and thus no amounts will be awarded under this heading.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22c-14-02-2020). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Enclosure 1. The Plaintiff, MRCB Builders Sdn Bhd, is a subsidiary of Malaysian Resources Corporation Berhad, a government￾linked company and a public listed company under Bursa Malaysia Securities Berhad. At the material time, the Plaintiff was the main contractor for several construction projects (Projects) in Desaru, Johor, such as Westin Desaru (“Westin”) and Desaru Conference Centre (“Conference Centre”). During the construction period, the Plaintiff had engaged Kwang Li Construction & Transportation Sdn Bhd, the First Defendant (“D1”) as its sub-contractor to carry out various works for the Projects, such as the supply of earth and rental of machineries. [4] Chan Kah Wah, the 2nd defendant (D2) and Chai Yee Hin, the Third Defendant (D3) were the former employees of the Plaintiff. D2 was the Project Director for the Projects and D3 held the position of the Project Manager of the Plaintiff. [5] Te Chee Siong, the 4th Defendant (“D4”) and Lim Soon Seng the 5th Defendant (“D5”) are the directors of D1.

Practice Areas

Contract Tort

Judges (1)

Nadzarin bin Wok Nordin Delivered

Counsel (11)

Amrit & Company Firm CH Tay & Partners Firm Harold & Lam Partnership Firm Jayadeep Hari & Jamil Firm Amrit pal Singh Counsel Plaintiff Harikannan Ragavan Counsel Defendant James Ding Tze Wen Counsel Defendant Lynn Foo Counsel Defendant Ng Jun Wei Counsel Plaintiff Ooi Hui Ying Counsel Defendant Rohan Arasoo a/l Jeyabalah Counsel Defendant

Parties (7)

MRCB BUILDERS Sdn Bhd Plaintiff Chai Yee Hin Defendant Chan Kah Wai Defendant Kwang Li Construction & Transportation Defendant Lim Soon Seng Defendant Te Chee Siong Defendant Zulbahari Abu Bakar Third Party

Statutes Cited

Evidence Act 1950 (Cap 56)
Rules of Court 2012

Cases Cited (20)

UK (6)
[1920] 2 Ch 189 [1936] 1 KB 697 [1941] 2 All ER 636 [1941] 2 KB 72 [1962] 1 All ER 869 [1991] 3 All ER 303
AU (1)
[2004] NSWCA 229
MY (12)
[1972] 2 MLJ 229 [1994] 3 MLJ 185 [1996] 3 MLJ 259 [2011] 4 MLJ 393 [2012] 8 MLJ 734 [2015] 7 CLJ 584 [2016] 3 MLJ 797 [2017] 5 MLJ 273 [2018] MLJU 325 [2021] 3 MLJ 622 [2021] MLJU 393 [2023] 11 MLJ 933
HK (1)
[2010] HKCA 70

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-14-02-2020)