WH ELECTRICAL MARKETING (M) SDN BHD v SKYWORLD DEVELOPMENT SDN BHD

wa-22ncc-630-11-2022 High Court (Mahkamah Tinggi) 9 January 2025 • WA-22NCC-630-11/2022 • 14 min read
8 cases cited (0 SG, 8 foreign)

Catchwords

Practice Areas

Judges (1)

Counsel (7)

Parties (2)

Case Significance

WH ELECTRICAL MARKETING (M) SDN BHD v SKYWORLD DEVELOPMENT SDN BHD is a High Court (Mahkamah Tinggi) decision dated January 9, 2025 (citation: wa-22ncc-630-11-2022). <p>A sub-sub-contractor claimed RM2.86 million from the developer Skyworld under s.71 Contracts Act 1950 for electrical equipment supplied to the Sky Awani 3 and 4 projects, after its immediate contractor Damai failed to pay. The High Court dismissed the claim, finding no direct contractual relationship between the plaintiff and Skyworld, that it was Damai (not Skyworld) who benefited from the supply, and the requirements of s.71 were not met.</p> The case was decided by Adlin binti Abdul Majid. Counsel appearing: Mohd Salehin Mastor (counsel for plaintiff), Ooi Chih-Jen (counsel for defendant), Pavendeep Singh A/L Gurbachan Singh (counsel for plaintiff), Shee Shu Min (counsel for defendant), Wong Chee Wai (counsel for defendant).

Summary

A sub-sub-contractor claimed RM2.86 million from the developer Skyworld under s.71 Contracts Act 1950 for electrical equipment supplied to the Sky Awani 3 and 4 projects, after its immediate contractor Damai failed to pay. The High Court dismissed the claim, finding no direct contractual relationship between the plaintiff and Skyworld, that it was Damai (not Skyworld) who benefited from the supply, and the requirements of s.71 were not met.

What was the outcome of WH ELECTRICAL MARKETING (M) SDN BHD v SKYWORLD DEVELOPMENT SDN BHD?

<p>A sub-sub-contractor claimed RM2.86 million from the developer Skyworld under s.71 Contracts Act 1950 for electrical equipment supplied to the Sky ...

Statutes Cited

Contracts Act 1950
s 71

Cases Cited (8)

MY (8)
[1967] 2 MLJ 118 [1979] 2 MLJ 124 [2010] 3 MLJ 721 [2015] 2 MLJ 441 [2015] MLJU 2161 [2015] MLJU 2320 [2018] MLJU 1323 [2020] MLJU 399