SETIA MAKMUR FACILITIES MANAGEMENT SDN BHD v TETUAN RAHMAN MOHAMED & ASSOCIATES PENCELAH Sejati Grand Development Sdn Bhd

ka-22ncvc-75-10-2019 High Court (Mahkamah Tinggi) 5 May 2025 • KA-22NCvC-75-10/2019 • 13 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

The dispute concerns the Defendant’s conduct in withholding stakeholder monies and interfering with the completion of the Plaintiff’s contractual obligations. The Plaintiff alleges that the Defendant’s actions constituted a breach of fiduciary duty, breach of trust, and wrongful interference with the Plaintiff’s contractual performance. Plaintiff seeks a declaration that the Defendant breached her fiduciary duty as stakeholder solicitor; Restitution and payment of monies wrongfully withheld; Damages for loss and delay; and Costs Defendant’s Counterclaim, claiming - declaration that the Main Agreement is null and void; an order to be appointed as the new contractor to complete the Project; Plaintiff to pay to the Defendant for the balance purchase price of the contract sum; Defendant be given the power to hold the certain Lots and the balance of the purchase for certain Lots to be given to a new contractor as consideration to redeem the Lots that are still under charge; the Defendant be given the power to hold the balance stakeholder sum and for the same to be used to redeem the units still under charge.

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (5)

Azhar & Fazuny Firm Harniza & Co Firm Aqbal Shiffuddin bin Adnan Sallehudin Counsel Defendant Parkash Singh Counsel Plaintiff S. Surendran Counsel Plaintiff

Parties (3)

SETIA MAKMUR FACILITIES MANAGEMENT Sdn Bhd Plaintiff Sejati Grand Development Sdn Bhd Intervener TETUAN RAHMAN MOHAMED & ASSOCIATES Defendant

Case Significance

SETIA MAKMUR FACILITIES MANAGEMENT SDN BHD v TETUAN RAHMAN MOHAMED & ASSOCIAT... is a High Court (Mahkamah Tinggi) decision dated May 5, 2025 (citation: ka-22ncvc-75-10-2019). The case was decided by Mahazan binti Mat Taib.

What was the outcome of SETIA MAKMUR FACILITIES MANAGEMENT SDN BHD v TETUAN RAHMAN MOHAMED & ASSOCIAT...?

SETIA MAKMUR FACILITIES MANAGEMENT SDN BHD v TETUAN RAHMAN MOHAMED & ASSOCIAT... is a High Court decision dated May 5, 2025. The case was heard by Mahazan binti Mat Taib. See the full judgment for details.

Cases Cited (2)

MY (2)
[1996] 2 MLJ 345 [2014] 5 CLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-22ncvc-75-10-2019)