Boulevard Pillar Sdn Bhd v Goh Hardware & Construction Sdn Bhd

jb-22ncvc-32-11-2023 High Court (Mahkamah Tinggi) 13 March 2025 • JB-22NCvC-32-11/2023 • 28 min read
11 cases cited (1 SG, 10 foreign)

Catchwords

Full trial – Contractual claim – Construction works – Dispute between developer and main contractor - Termination by main contractor – Alleging non-payment of progress claims – Developer contends payment yet to be due and main contractor breached the contract – By stopping work and abandoning the site - Whether progressive claims due as at date of termination by main contractor - Whether termination by main contractor lawful – Developer claims additional cost for engaging new contractor – Whether main contractor liable for additional cost to complete the project - Whether developer entitled to the additional cost on the value of works already completed by main contractor - In addition to the additional cost on the works yet to be completed – Main contractor counter claims against developer - Balance due for value of works as at date of termination – Whether Developer admitted to balance sums due to main contractor.

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Counsel (5)

Alan Tan & Associates Firm C.K. Yap & Partners Firm Tan Jose Nan Counsel Plaintiff Tay Ming Hung Counsel Plaintiff Yap Che Kai Counsel Defendant

Parties (2)

Boulevard Pillar Sdn Bhd Plaintiff Goh Hardware & Construction Sdn Bhd Defendant

Case Significance

Boulevard Pillar Sdn Bhd v Goh Hardware & Construction Sdn Bhd is a High Court (Mahkamah Tinggi) decision dated March 13, 2025 (citation: jb-22ncvc-32-11-2023). The case was decided by Suria Kumar a/l Durairaj Johnson Paul.

What was the outcome of Boulevard Pillar Sdn Bhd v Goh Hardware & Construction Sdn Bhd?

Boulevard Pillar Sdn Bhd v Goh Hardware & Construction Sdn Bhd is a High Court decision dated March 13, 2025. The case was heard by Suria Kumar a/l Durairaj Johnson Paul. See the full judgment for details.

Statutes Cited

Evidence Act 1950 (Cap 56)

Cases Cited (11)

SLR (1)
[2004] 2 SLR 117
UK (1)
[1947] 2 All ER 372
MY (9)
[1966] 2 MLJ 286 [1979] 2 MLJ 229 [1989] 1 MLJ 35 [1996] MLJU 359 [1998] 2 MLJ 478 [2007] 8 CLJ 507 [2013] 10 MLJ 465 [2018] 4 MLJ 652 [2018] MLJU 470

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-22ncvc-32-11-2023)