KENWINGSTON SDN. BHD. v INGCA SDN. BHD.

wa-12bc-6-06-2024 High Court (Mahkamah Tinggi) 2 October 2025 • WA-12BC-6-06/2024 • 21 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Enclosure 1. CONTRACT:– Principal subcontractor engaged nominated subcontractor for plumbing works and services ( sub-contract) for a housing project- Subcontractor appointed sub-subcontractor to supply and install water tanks as part of the sub-contract –Failure of subcontractor to make payment to sub-subcontractor – Whether sub-subcontractor could claim payment from principal subcontractor – Privity of contract – Whether arose between principal subcontractor and sub-subcontractor – Whether supply of the water tanks benefitted the principal subcontractor- Whether proper recourse for sub-subcontractor supplier to claim against principal subcontractor– Contracts Act 1950, s. 71 – Whether applicable in the case where the principal subcontractor has paid for the works claimed by the subcontractor– Whether there would be unjust enrichment

Judges (1)

Rajes Raghavji Delivered

Counsel (4)

Kuah, Lim, Chin & Ooi Firm Wendy & Partners Firm Omar Kutty Abdul Aziz Counsel Defendant Yap Yoon Jan Counsel Plaintiff

Parties (2)

INGCA Sdn Bhd Respondent KENWINGSTON Sdn Bhd Appellant

Case Significance

KENWINGSTON SDN. BHD. v INGCA SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated October 2, 2025 (citation: wa-12bc-6-06-2024). The case was decided by Rajes Raghavji.

What was the outcome of KENWINGSTON SDN. BHD. v INGCA SDN. BHD.?

KENWINGSTON SDN. BHD. v INGCA SDN. BHD. is a High Court decision dated October 2, 2025. The case was heard by Rajes Raghavji. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 71

Cases Cited (9)

UK (1)
[1936] 2 KB 403
MY (8)
[1967] 1 MLJ 211 [1979] 1 MLJ 120 [2014] 8 MLJ 14 [2015] 9 CLJ 1002 [2018] 9 CLJ 26 [2018] MLJU 1323 [2020] 10 CLJ 1 [2025] 4 CLJ 761

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bc-6-06-2024)