ALM HOSPITALITY SDN BHD v BEST SUN TECH ENGINEERING SDN BHD

ma-12bncvc-9-12-2025 High Court (Mahkamah Tinggi) 24 June 2026 • MA-12BNCvC-9-12/2025

Catchwords

Appeal – Findings of fact – Interference by appellate court – Whether trial judge plainly wrong – Failure of judicial appreciation of evidence – Principles governing appellate review. Civil Procedure – Appeal – New point raised on appeal – Admissibility of evidence not challenged at trial – Whether appellant precluded from raising issue for first time on appeal. Civil Procedure – Written submissions – Late filing – Whether written submissions should be struck out – Effect of non-compliance with court directions – Exercise of judicial discretion – Order 1A and Order 2 r 1(2) Rules of Court 2012. Contract – Formation – Contract by conduct – Commercial services – No written agreement – Invoices issued and received – Whether proposal, acceptance and consideration established – Contracts Act 1950, s 2. Contract – Privity – Proper contracting party – Dealings through representative – Whether respondent proper party to sue. Evidence – Burden of proof – Evidential burden – Proof of contractual relationship – Invoices bearing recipient’s company chop – Internal memoranda – Part payment – Whether sufficient to establish liability – Evidence Act 1950, s 101. Evidence – Documentary evidence – Invoices – Delivery and receipt – Unsigned invoices – Weight of evidence – Absence of ancillary service records – Whether claim proved on balance of probabilities. Evidence – Quantum – Proof of indebtedness – Missing invoice from bundle – Admission in cross-examination – Internal acknowledgment of debt – Subsequent part payment – Whether quantum established. Practice and Procedure – Costs – Award by trial court – Appellate interference – Principles governing exercise of discretion.

Judges (1)

Raja Segaran a/l S.krishnan Delivered

Parties (2)

ALM HOSPITALITY Sdn Bhd Appellant BEST SUN TECH ENGINEERING Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ma-12bncvc-9-12-2025)