ZAMIL STEEL BUILDINGS VIETNAM CO. LTD. v TECHNOFIT SDN. BHD.

wa-22c-17-03-2024 High Court (Mahkamah Tinggi) 21 April 2026 • WA-22C-17-03/2024

Catchwords

This case concerns a construction dispute over the validity of calls on an advance payment guarantee and performance bond, where the plaintiff alleged that the defendant’s own delays had prevented timely performance of the subcontract works. The key issue was whether the defendant’s delays in making the advance payment, providing IFC drawings, and issuing letters of credit constituted critical delays that caused completion delays. The Court held that none of these events were critical delays and that expert evidence was not necessary to prove delay in the circumstances. However, as the defendant failed to substantiate most of its counterclaimed back-charges, the calls on the guarantees were held invalid and the plaintiff was entitled to restitution of the sums encashed.

Judges (1)

Azlan bin Sulaiman Delivered

Parties (2)

TECHNOFIT Sdn Bhd Defendant ZAMIL STEEL BUILDINGS VIETNAM CO. LTD Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-17-03-2024)