KUALA DIMENSI SDN BHD v PORT KELANG AUTHORITY

Case Significance

KUALA DIMENSI SDN BHD v PORT KELANG AUTHORITY is a Federal Court (Mahkamah Persekutuan) decision dated September 1, 2024 (citation: 02f-7-04-2024b). <p>Kuala Dimensi appealed against the Court of Appeal's decision declaring a variation agreement with Port Kelang Authority null and void for want of consideration under section 26 of the Contracts Act 1950. The Federal Court examined whether the practical benefit test from Williams v Roffey Bros applies in Malaysia and whether parties can vary consideration by mutual agreement. The appeal was dismissed and the Court of Appeal's decision was affirmed, declining to answer the leave questions dire The panel comprised Abdul Karim bin Abdul Jalil, Hasnah binti Dato' Mohammed Hashim and Zabariah binti Mohd Yusof, with Zabariah binti Mohd Yusof delivering the judgment. Counsel appearing: Craig Ho Wai Ping (counsel for appellant), Dato' Prem Ramachandran (counsel for appellant), Nimalan Devaraja (counsel for respondent), Porres P. Royan (counsel for appellant), Shaarvin Raaj a/l Selva Kumar (counsel for appellant), Wong Shun Yong (counsel for respondent).