SENG YOON SENG HOLDINGS SDN. BHD. v JEKS ENGINEERING SDN. BHD.

ba-22ncvc-97-03-2023 High Court (Mahkamah Tinggi) 19 November 2025 • BA-22NCvC-97-03/2023 • 18 min read

Catchwords

This is a claim arising from a subcontract entered into between the Plaintiff and the Defendant for the supply, delivery and installation of performance louvres for an industrial development project. The Plaintiff’s cause of action is founded on the Defendant’s alleged failure to pay the outstanding balance due under the subcontract, interest and legal fees. The Defendant filed a counterclaim. The counterclaim is premised on alleged delay in the completion of the subcontract works, giving rise to liquidated ascertained damages (LAD), and on back charges said to have been incurred due to the Plaintiff's non-performance and defects. Plaintiff's claim for the outstanding sum of RM226,233.74 and interest is allowed only to the extent stated in the final order (5% per annum) are allowed. However claim for legal fees is dismissed. Defendant’s counterclaim for the LAD in the sum of RM2,655,000.00 and for back charges in the sum of RM30,859.86 are allowed. There is no order as to set off between the Plaintiff’s claim and the Defendant’s counterclaim.

Judges (1)

Noor Hayati binti Haji Mat Delivered

Counsel (5)

Elaine, Yun & Associates Firm Lo Chambers Firm Amos Ong Weng Mun Counsel Plaintiff Elaine Foong Hui Ling Counsel Plaintiff Irwin Lo Chi Vui Counsel Defendant

Parties (2)

JEKS ENGINEERING Sdn Bhd Defendant SENG YOON SENG HOLDINGS Sdn Bhd Plaintiff

Judgment

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Source: eJudgment (ba-22ncvc-97-03-2023)