1. ) BOULEVARD ONE SDN BHD 2. ) BOULEVARD EXCEL SDN BHD v 1. ) VOCATION EMPIRE 2. ) MOHD SABRI BIN ABDUL RASHID 3. ) LINDA YATI BINTI ABU BAKAR
Catchwords
Keywords Boulevard One Sdn Bhd & Boulevard Excel Sdn Bhd V. Vocation Empire & 2 Oths [K.1] Bth 6.7.2026 Appeal — First appeal — Appellate jurisdiction — Findings of fact — Standard of appellate intervention — Judicial appreciation of evidence — Whether trial judge plainly wrong — Misapprehension of evidence — Misdirection of law — Evidence Act 1950, ss 101–103, 114(g). Contract — Building repair contract — Roofing and waterproofing works — Scope of contractual obligations — Whether contracted works completed — Burden of proof — External wall defect — Whether defect within contractual scope — Subsequent agreement for additional works — Formation of contract — Commercial quotations — Performance of contractual obligations. Contract — Refund undertaking — Written acknowledgment of debt — WhatsApp communications — Evidential value of electronic communications — Personal undertaking — Personal liability — Agency — Authority to bind sole proprietorship — Actual authority — Ostensible authority — Separate legal personality — Contracts Act 1950, s 15 — Coercion — Whether police report and demand letter constituted coercion — Whether undertaking vitiated by coercion. Damages — Loss of rental — Causation — Proof of loss — Quantum — Duty to mitigate loss — Inspection charges — General damages. Evidence — Contemporaneous documents — WhatsApp messages — Written undertaking — Oral evidence — Documentary evidence — Adverse inference — Failure to produce evidence — Section 114(g), Evidence Act 1950. Practice and Procedure — Appeal from Sessions Court — Partial allowance of appeal — Variation of judgment — Interest — Costs.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-12bncc-3-09-2025)