URBAN DOMAIN SDN. BHD. v PINS OSC & MAINTENANCE SERVICES SDN BHD
w-03imncc-69-07-2022 Court of Appeal (Mahkamah Rayuan) 6 December 2023 • W-03(IM)(NCC)-69-07/2022 • 20 min read
Catchwords
(i) Appeals No.: W-03(IM)(NCC)-69-07/2022 & W-03(IM)(NCC)-70-07/2022 Held - High Court erred in amending the liability period - Clause 8.1.1 MA: Agreement continues until expiry of License Period in last Work Order - Registrar was correct: Account & Inquiry covers period 21.7.2007 (MA date) until expiry of Licence Period - High Court wrongly considered post-trial event (winding-up of PINS OSC) - PINS knew of winding-up but did not raise it in Court of Appeal, did not amend Memorandum of Appeal and did not apply to adduce fresh evidence - By accepting Liability Judgment, PINS accepted liability. Held - Res judicata: PINS estopped from re-litigating winding-up issue - Winding-up caused by tax arrears (RM60,000). If PINS had paid maintenance fees, OSC could have avoided winding-up - PINS contributed to winding-up. Held - High Court erred in shortening liability period. Appeals W-03(IM)(NCC)-69-07/2022 & W-03(IM)(NCC)-70-07/2022 are allowed - Registrar’s Order reinstated, including amendments requested in Encl. 246. (ii) Appeal No.: W-02(IM)(NCC)-326-03/2023 - Quantum of Damages Held - Liability Judgment clear: only deduction = MCMC payments - Judge applied law correctly - No appealable error - Appeal W-02(IM)(NCC)-326-03/2023 dismissed with costs. (iii) Conclusion - Appeals W-03(IM)(NCC)-69-07/2022 & W-03(IM)(NCC)-70-07/2022 are allowed. Registrar’s Order reinstated & amended (Encl. 246) - Appeal W-02(IM)(NCC)-326-03/2023 dismissed. Quantum Order affirmed - Case remitted to High Court for further Account & Inquiry on liability period not covered in Quantum Order - Costs at RM20,000 per appeal, subject to allocatur.
Judges (3)
Counsel (11)
Dennis Nik & Wong Firm Nethi & Saw Firm Dato' Bastian Vendargon Counsel Appellant Gene Anand Vendargon Counsel Appellant Leong Kwong Wah Counsel Appellant Michelle Teoh Counsel Respondent Owee Chia Ming Counsel Respondent Ranjit Singh Counsel Respondent Saw Wei Siang Counsel Respondent Villie Nethi Counsel Respondent Vincent Lim Seng Liang Counsel Appellant
Statutes Cited
Companies Act 1965 (Cap 777)
Judgment
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Read on eJudgmentSource: eJudgment (w-03imncc-69-07-2022)