MODULAR QUEST SDN BHD v 1. ) HARIKRISHNAN A/L KANAPATHY / K.HARIKRISHNAN 2. ) MAJU CONSTRUCTION & DEVELOPMENT SDN BHD

ba-12b-112-10-2024 High Court (Mahkamah Tinggi) 14 July 2025 • BA-12B-112-10/2024 • 11 min read
3 cases cited (0 SG, 3 foreign)

Catchwords

Appeal after full trial – Duty of stakeholder – Breach of Stakeholder Agreement – Right of forfeiture – Whether the earnest deposit hold on stakeholder was validly and properly forfeited – Whether the 45-days due diligence period commences upon receipt of all documents – Third party indemnity claim – Oral testimony contradicted the express terms of the Stakeholders Agreement – Variation of agreement requires valid consideration – Evidence of terms of contract reduced to form of document – Exclusion of evidence of oral agreement – Section 91 and 92 of Evidence Act 1950 – Appeal allowed – The trial Judge’s decision set aside – Appellate intervention required when the trial judge is plainly wrong in his findings

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (5)

Firdaus Arshad & Co. Firm Yap Siew Yee & Co. Firm Mak Jun Yeen Counsel Respondent Muhammad Firdaus bin Arshad Counsel Respondent Yap Yoon Jan Counsel Appellant

Parties (3)

MAJU CONSTRUCTION & DEVELOPMENT Sdn Bhd Respondent MODULAR QUEST Sdn Bhd Appellant Harikrishnan a/l Kanapathy / K.harikrishnan Respondent

Case Significance

MODULAR QUEST SDN BHD v 1. ) HARIKRISHNAN A/L KANAPATHY / K.HARIKRISHNAN 2. )... is a High Court (Mahkamah Tinggi) decision dated July 14, 2025 (citation: ba-12b-112-10-2024). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of MODULAR QUEST SDN BHD v 1. ) HARIKRISHNAN A/L KANAPATHY / K.HARIKRISHNAN 2. )...?

MODULAR QUEST SDN BHD v 1. ) HARIKRISHNAN A/L KANAPATHY / K.HARIKRISHNAN 2. )... is a High Court decision dated July 14, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 63
Evidence Act 1950 (Cap 56)

Cases Cited (3)

MY (3)
[1967] 2 MLJ 9 [2023] MLJU 986 [2025] 2 MLJ 238

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12b-112-10-2024)