Universiti Kebangsaan Malaysia (UKM) v Edgenta Facilities Management Sdn Bhd
Catchwords
Abstract The contractual dispute involves a three-year laundry services contract worth RM17,242,737.48 for the university's medical centre. The key issues are whether the defendant was contractually obliged to supply new linens rather than reused ones; whether the plaintiff's penalty calculation method is valid; and whether the defendant's counterclaim for allegedly wrongful deductions has merit. Despite the absence of the explicit word "new" in the contract, the court found sufficient evidence through correspondence, meeting minutes, and the defendant's conduct to establish that both parties understood that new linens were required. The court upheld the plaintiff's penalty calculation method, which includes a time element (days of delay) consistent with the contract's terms and commercial purpose. The defendant's counterclaim was dismissed for lack of evidence and inconsistencies in the claimed amounts. Keywords Contractual interpretation - facilities management contracts - parol evidence - penalty clauses - liquidated damages -
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-514-08-2020)