YESB SDN BHD v BARCON INDUSTRIES SDN BHD

wa-12bc-3-03-2023 High Court (Mahkamah Tinggi) 7 March 2024 • WA-12BC-3-03/2023 • 35 min read

20 cases cited (0 SG, 20 foreign)

Catchwords

Whether the SCJ had erred when she failed to consider that YESB is entitled to interest, general damages, punitive and/ or exemplary damages for the losses suffered by YESB due to Barcon’s breaches - Whether the SCJ had erred when she failed to consider that YESB is entitled to solicitor-client costs in the sum of RM100,000.00 incurred by YESB for the suit against Barcon - Whether the SCJ had erred when she failed to consider that Barcon had instructed YESB to do additional works after the original completion date on 19.11.2017 and that all the instructions for the additional works came from Barcon and/ or the owner and was not due to YESB’s fault and/ or failure - Whether the SCJ had erred when she allowed Barcon’s counterclaim for LAD

Judges (1)

Aliza binti Sulaiman Delivered

Counsel (6)

C.S. Tan Seah & Partners Firm Leow & Associates Firm Cheong Sek Kwan Counsel Respondent Leow Chai Fah Counsel Respondent Rosamirah Insyirah Binti Zamri Counsel Appellant Tan Chi Sian Counsel Appellant

Parties (2)

BARCON INDUSTRIES Sdn Bhd Respondent YESB Sdn Bhd Appellant

Statutes Cited

Rules of Court 2012

Cases Cited (20)

MY (20)

[1984] 2 MLJ 165 [2003] 2 CLJ 19 [2003] 2 MLJ 97 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2008] 2 CLJ 284 [2008] 2 MLJ 87 [2009] 6 CLJ 626 [2009] 6 MLJ 1 [2010] 3 CLJ 377 [2010] 3 MLJ 509 [2012] 4 MLJ 149 [2012] 6 MLJ 1 [2013] 4 MLJ 693 [2015] 2 MLJ 441 [2016] 2 MLJ 428 [2017] 5 CLJ 58 [2020] 12 MLJ 67 [2022] 1 CLJ 692 [2024] MLJU 2399

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bc-3-03-2023)