KONSESI KOTAPERMATAMAS SDN BHD v 1. ) TEGAS BROADCAST & MULTIMEDIA SDN BHD 2. ) SUPER SUN TECHNOLOGY SDN BHD

wa-12bncc-18-07-2024 High Court (Mahkamah Tinggi) 3 December 2024 • WA-12BNCC-18-07/2024 • 23 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Action to recover outstanding sums for goods supplied by suppliers directly from the developer as beneficiary in the absence of a direct contractual relationship between them – whether there exist privity of contract between the employer and the subcontractor - Cause of action based on unjust enrichment - Section 71, Contracts Act 1950- whether restitution is necessary in the event one party is enriched – whether conditions under Section 71 CA 1950 is satisfied – whether the 1st Respondent delivered the goods for the Appellant at the material times - whether retention of title clauses exist - whether unilateral agreement form part of a contract concluded between 1st and 2nd Respondent – Neither the main contractor (’Tech Art’) nor the Appellant without notice of any lien or rights of the 1st Respondent for the goods shall not be subject to any lien or rights under Section 30(2), Sales of Goods Act, 1967 – limitation of liability in restitution - 1st Respondent would be treated as a preference creditors of the 2nd Respondent whom currently insolvent should the application be allowed – fraudulent or undue preference under Section 528 of the Companies Act 2016 – Appellate intervention was required and hence, the appeal was allowed.

Judges (1)

Ong Chee Kwan Delivered

Counsel (5)

Au & Jasvinjit Firm Muhillan Chan & Gomez Firm Jasvinjit Singh S/O Gurcharan Singh Counsel Appellant Jenny Ng Juen Yee Counsel Respondent Roeshan Celestine Gomez Counsel Respondent

Parties (3)

KONSESI KOTAPERMATAMAS Sdn Bhd Appellant SUPER SUN TECHNOLOGY Sdn Bhd Respondent TEGAS BROADCAST & MULTIMEDIA Sdn Bhd Respondent

Statutes Cited

Companies Act 2016 (Cap 777)

Contracts Act 1950 (Cap 136)

Cases Cited (7)

MY (7)

[2009] 2 CLJ 321 [2010] 3 MLJ 721 [2015] 2 MLJ 441 [2015] 9 CLJ 1002 [2017] 9 CLJ 646 [2018] 6 MLJ 202 [2020] MLJU 543

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncc-18-07-2024)