CAUSEWAY IRON WORKS SDN BHD v CHINA CONSTRUCTION YANGTZE RIVER (MALAYSIA) SDN BHD

wa-12bc-4-06-2024 High Court (Mahkamah Tinggi) 29 December 2025 • WA-12BC-4-06/2024

Catchwords

CONSTRUCTION LAW — Whether Clause 7.6 of the Tripartite Contract makes the formal issuance of a 3 rd Party payment certificate a condition precedent to the Respondent's payment obligation — Whether the "approved amount" in Clause 7.6 was established through the Respondent's own documents — EVIDENCE — Whether the Appellant has discharged its burden of proof on the balance of probabilities--Whether the Respondent’s own contemporaneous documents constitute sufficient evidence to establish the Appellant's entitlement to the Claim Sum — Whether the Appellant's claim is supported by the Sub-Supplier Project Final Account Statement and Subcontractor Progress Payment Application Form — Whether WhatsApp admissions by the Respondent’s representative, can be used as acknowledgment of debt — Whether an adverse inference can be drawn under section 114(g) of the Evidence Act 1950 due to the failure to call Respondent’s representative as a witness. CIVIL PROCEDURE - APPELLATE REVIEW — Whether the absence of written grounds of judgment from the Sessions Court affects the standard of review — Whether the appellate court can independently assess the evidence and intervene in the decision of the Sessions Court in the absence of clear reasoning.

Practice Areas

CONSTRUCTION LAW

Judges (1)

Rajes Raghavji Delivered

Parties (2)

CAUSEWAY IRON WORKS Sdn Bhd Appellant CHINA CONSTRUCTION YANGTZE RIVER Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bc-4-06-2024)