MECCILECT SDN BHD v HONEYWELL ENGINEERING SDN BHD

wa-12ancvc-128-10-2025 High Court (Mahkamah Tinggi) 2 March 2026 • WA-12ANCvC-128-10/2025

Catchwords

Catchwords • Civil Procedure — Striking out — Order 18 rule 19(1)(a), (b), (d) Rules of Court 2012 — Applicable test — Whether claim plainly and obviously unsustainable — Distinction between balance of probabilities and threshold test for striking out — Appeal by rehearing under s.29 Courts of Judicature Act 1964. • Contract — Privity of contract — Multi-tiered construction arrangement — Sub-contractor, sub-sub-contractor, supplier — Whether absence of direct contract fatal to claim — Whether requisition forms signed by respondent’s personnel constituted direct request. • Agency — Sub-sub-contractor acting as agent — “Pass-through” contractor — Whether NNS acted as agent of respondent — Whether respondent assumed liability for payment. • Collateral Contract / Novation — Representations by respondent’s personnel — Whether respondent undertook responsibility for payment — Whether discussions on vendor registration and subsequent direct purchase order indicative of assumption of liability. • Restitution — Quantum meruit — s.71 Contracts Act 1950 — Liability for benefit received notwithstanding absence of contract — Prevention of unjust enrichment. • Practice & Procedure — Pleadings — Whether deficiencies can be cured in reply — Introduction of requisition forms at reply stage — Whether permissible. • Appeal — Sessions Court Judge applying wrong test — Use of “balance of probabilities” — Misapplication of law — Rehearing by High Court.

Judges (1)

Moh Kok Wai Delivered

Parties (2)

HONEYWELL ENGINEERING Sdn Bhd Respondent Meccilect Sdn Bhd Appellant

Judgment

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Read on eJudgment

Source: eJudgment (wa-12ancvc-128-10-2025)