KAYANGAN KEMAS SDN. BHD. v PEMBINAAN KERY SDN. BHD.
Catchwords
Assessment of Arguments of Parties [14] The Defendant raised various purported issues regarding the Plaintiff’s works. However, this was not raised at all after the issuance of the Certificate of Practical Completion or when negotiations for the settlement of outstanding amount were discussed whether between the parties or through their respective solicitors. [15] Moreover, the Defendant’s conduct in actively having participated in the settlement terms of payment, superseded any contended dissatisfaction. The Defendant is bound by the Settlement Agreement and must make good its contractual obligations. [16] The fact that there was the Settlement Agreement and that the Defendant was bound by it were not disputed by the Defendant. [17] This Court found the Defendant’s arguments that summary judgment ought not be granted as there were pending negotiations or rather that the negotiations were still on-going untenable. This Court found that the Settlement Agreement was concluded by both sides. Particularly so when the Defendant’s own conduct - in having paid not one but four instalments show without a doubt that the negotiations and agreement had been concluded. [18] This Court sighted the relevant multiple express agreement of the Defendant with regards the payment for the outstanding sum owed to the Plaintiff. The Defendant is estopped from raising issues on so-called defects when it did not feature at all during talks of settlement. This was most definitely a case where summary judgment is most appropriate. [19] There are no triable issues in the matter. [20] The following authorities were considered by this Court in determining this application: • Multi-Purpose Finance Bhd v Tan Sri Dato Ting Pek Khiing [1998] 7 MLJ 229; [1998] 4 MLRH 802 • Puncak Alam Housing Sdn Bhd (formerly known as Bukit Cerakah Development Sdn Bhd) v Menta Construction Sdn Bhd & Anor [2014] 1 MLJ 287; [2013] 3 MLRA 574 • CJ Century Technology Sdn Bhd v Axisjaya Sdn Bhd & Anor [2020] MLJU 2086; [2020] MLRHU 1652 • Tong Ah Poo v Jasin Construction Development (M) Sdn Bhd [2013] MLRAU 260 • PVT Enginering Sdn Bhd v Agibs Engineering & Construction Sdn Bhd & Anor [2025] CLJU 1108 • Teknojaya Construction Sdn Bhd v Telliana Plantations Sdn Bhd [2016] MLJU 1486 • Ching Yew Chye & Ors v Pavitar Singh a/l Manjeet Singh & anor [2018] 10 MLJ 612; [2017] MLRHU 1388 • National Company for Foreign Trade v Kayu Raya Sdn Bhd [1984] [1984] 1 MLRA 190; [1984] 2 MLJ 300; [1984] 1 CLJ (Rep) 283 • Cempaka Finance Bhd v Ho Lai Ying (trading as KH Trading) & Anor [2006] 2 MLJ 685 • Bank Negara Malaysia v Mohd Ismail & Ors [1992] 1 MLJ 400; [1992] 1 MLRA 190; [1992] 1 CLJ (Rep) 14 • Malaysia Airports Sdn Bhd v APFT Land Sdn Bhd [2018] 10 MLJ 257; [2018] MLRHU 1018 • Charles Greenier Sdn Bhd v Lau Wing Hong [1997] 1 CLJ 625; [1996] 2 MLRA 188; [1996] 3 MLJ 327; [1996] 3 AMR 3533 • Liebherr Sales Kluang Sdn Bhd v Zhongji Construction Sdn Bhd [2025] MLJU 257 • Order 14 Rules of Court (ROC) 2012
Practice Areas
Assessment of Arguments of Parties 14 The Defendant raised various purported issues regarding the Plaintiff’s works. However, this was not raised at all after the issuance of the Certificate of Practical Completion or when negotiations for the settlement of outstanding amount were discussed whether between the parties or through their respective solicitors. 15 Moreover, the Defendant’s conduct in actively having participated in the settlement terms of payment, superseded any contended dissatisfaction. The Defendant is bound by the Settlement Agreement and must make good its contractual obligations. 16 The fact that there was the Settlement Agreement and that the Defendant was bound by it were not disputed by the Defendant. 17 This Court found the Defendant’s arguments that summary judgment ought not be granted as there were pending negotiations or rather that the negotiations were still on-going untenable. This Court found that the Settlement Agreement was concluded by both sides. Particularly so when the Defendant’s own conduct 18 This Court sighted the relevant multiple express agreement of the Defendant with regards the payment for the outstanding sum owed to the Plaintiff. The Defendant is estopped from raising issues on so-called defects when it did not feature at all during talks of settlement. This was most definitely a case where summary judgment is most appropriate. 19 There are no triable issues in the matter. 20 The following authorities were considered by this Court in determining this application: • Multi-Purpose Finance Bhd v Tan Sri Dato Ting Pek Khiing 1998 7 MLJ 229; 1998 4 MLRH 802 • Puncak Alam Housing Sdn Bhd (formerly known as Bukit Cerakah Development Sdn Bhd) v Menta Construction Sdn Bhd & Anor 2014 1 MLJ 287; 2013 3 MLRA 574 • CJ Century Technology Sdn Bhd v Axisjaya Sdn Bhd & Anor 2020 MLJU 2086; 2020 MLRHU 1652 • Tong Ah Poo v Jasin Construction Development (M) Sdn Bhd 2013 MLRAU 260 • PVT Enginering Sdn Bhd v Agibs Engineering & Construction Sdn Bhd & Anor 2025 CLJU 1108 • Teknojaya Construction Sdn Bhd v Telliana Plantations Sdn Bhd 2016 MLJU 1486 • Ching Yew Chye & Ors v Pavitar Singh a/l Manjeet Singh & anor 2018 10 MLJ 612; 2017 MLRHU 1388 • National Company for Foreign Trade v Kayu Raya Sdn Bhd 1984 1984 1 MLRA 190; 1984 2 MLJ 300; 1984 1 CLJ (Rep) 283 • Cempaka Finance Bhd v Ho Lai Ying (trading as KH Trading) & Anor 2006 2 MLJ 685 • Bank Negara Malaysia v Mohd Ismail & Ors 1992 1 MLJ 400; 1992 1 MLRA 190; 1992 1 CLJ (Rep) 14 • Malaysia Airports Sdn Bhd v APFT Land Sdn Bhd 2018 10 MLJ 257; 2018 MLRHU 1018 • Charles Greenier Sdn Bhd v Lau Wing Hong 1997 1 CLJ 625; 1996 2 MLRA 188; 1996 3 MLJ 327; 1996 3 AMR 3533 • Liebherr Sales Kluang Sdn Bhd v Zhongji Construction Sdn Bhd 2025 MLJU 257 • Order 14 Rules of Court (ROC) 2012
Judges (1)
Case Significance
KAYANGAN KEMAS SDN. BHD. v PEMBINAAN KERY SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: wa-22ncvc-452-07-2025). The case was decided by Roz Mawar binti Rozain.
Key issues: [16] The fact that there was the Settlement Agreement and that the Defendant was bound by it were not disputed by the Defendant..
What was the outcome of KAYANGAN KEMAS SDN. BHD. v PEMBINAAN KERY SDN. BHD.?
KAYANGAN KEMAS SDN. BHD. v PEMBINAAN KERY SDN. BHD. is a High Court decision dated December 9, 2025. The case was heard by Roz Mawar binti Rozain. See the full judgment for details.