ATM DEVELOPMENT SDN BHD (DALAM PENYELESAIAN) v PEMBINAAN MELIMA (M) SDN BHD

wa-22c-84-11-2022 High Court (Mahkamah Tinggi) 26 January 2026 • WA-22C-84-11/2022 • 34 min read
6 cases cited (0 SG, 6 foreign)

Outcome

In the circumstances and following from my decision and findings herein above, I hereby allow and order a. a declaration that the Certificate of Practical Completion (CPC) was wrongly issued by the Architect and is invalid and defective b. judgment in the sum of RM 2,153,173.08 c. interest at the date of 5% per annum from the date of the Writ till the date of full realization d. costs of RM 70,000.00 103. Accordingly, I am dismissing the Defendant’s counter claim with costs.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (wa-22c-84-11-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Emclosure 1. The Plaintiff, one ATM Development Sdn Bhd (In Liquidation) (“Plaintiff”) has made a claim against Pembinaan Delima (M) Sdn. Bhd (“Defendant”), with regards the development of a housing estate project known as Taman Desa Wirajaya, Mukim Apam, Daerah Gual Periok, Pasir Mas, Kelantan Darul Naim (“Project”) to which amongst others. It is however the Defendant’s case that despite the completion of the Works under the Contract and the expiry of the Defect Liability Period (DLP), the Plaintiff has failed to pay the agreed Contract Price in full to the Defendant.

Practice Areas

Construction Law Damages

Judges (1)

Nadzarin bin Wok Nordin Delivered

Counsel (7)

Nav & Co. (Kuala Lumpur) Firm Wong Neoh & Partners Firm Goh Chin How Counsel Defendant Lim Shan Yi Counsel Defendant Muhammad Irsyad Ijla bin Abd Khalid Counsel Defendant Navpreet Singh Counsel Plaintiff Sakina binti Siraj Counsel Plaintiff

Parties (2)

ATM DEVELOPMENT Sdn Bhd (DALAM PENYELESAIAN) Plaintiff PEMBINAAN MELIMA Sdn Bhd Defendant

Statutes Cited

Contract Act 1950
s 74
Contracts Act 1950 (Cap 136)
Evidence Act 1950 (Cap 56)

Cases Cited (6)

UK (1)
[1973] QB 233
MY (5)
[2000] 6 MLJ 830 [2005] 6 MLJ 664 [2017] 1 MLJ 170 [2019] MLJU 693 [2021] MLJU 1796

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-84-11-2022)