DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD
ba-22ncvc-16-01-2023 High Court (Mahkamah Tinggi) 21 August 2025 • BA-22NCvC-16-01/2023 • 14 min read
4 cases cited
(0 SG, 4 foreign)
Catchwords
CONTRACT: Rescission of contract – Large-scale Government project to construct, fully equip a data centre and relocate equipment, fixtures and fittings from existing data centre to new location – Allegation of total failure of consideration – Restitution of the sum – Unjust enrichment – Preparation works done – No basis for rescission ab initio – Sections 40 and 56 of the Contracts Act 1950 CONTRACT: Frustration – Impossibility of performance – Change of the location of the project site – Radically different bargain - Sections 57(1) and (2) of the Contracts Act 1950 CONTRACT: Remedy in the event of frustration – Defendant failed to discharge the burden of proving expenses – Plaintiff’s claims allowed – Counterclaim dismissed – Section 57(3) and 66 of the Contracts Act 1950 – Section 15 of the Civil Law Act 1956
Judges (1)
Counsel (5)
Case Significance
DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD is a High Court (Mahkamah Tinggi) decision dated August 21, 2025 (citation: ba-22ncvc-16-01-2023). The case was decided by Elaine Yap Chin Gaik.
Key issues: CONTRACT: Frustration – Impossibility of performance – Change of the location of the project site – Radically different bargain - Sections 57(1) and (2) of the Contracts Act 1950.
What was the outcome of DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD?
DNeX SOLUTIONS SDN BHD v I DATA CENTRE SOLUTIONS SDN BHD is a High Court decision dated August 21, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.
Statutes Cited
Contracts Act 1950 (Cap 136)
Cases Cited (4)
UK (1)
[1956] AC 696
MY (3)
[1970] 1 MLJ 138 [2007] 4 MLJ 201 [2010] 1 CLJ 269
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncvc-16-01-2023)