CONCORD LINK MANAGEMENT CORPORATION v RK ELEVATOR SDN. BHD.

wa-22c-74-10-2023 High Court (Mahkamah Tinggi) 6 April 2026 • WA-22C-74-10/2023

Catchwords

CONTRACT — Construction contract — Lift modernisation works — Scope of works — Distinction between "modernisation" and "servicing" of traction machine — Whether contractor's obligation limited to servicing, not replacement. Completion and handover — Whether silence/non-response to handover letter constitutes acceptance — Absence of testing and commissioning documentation, JKKP compliance certification — Signature acknowledging receipt distinguished from acceptance of completion — Whether works "free from obvious defects" — Burden on contractor to prove completion before entitlement to final payment arises. Causation — Contributory conduct of employer — Whether client's refusal to authorise structural replacement breaks chain of causation — Maintenance-specific failure findings by statutory regulator — Mitigation — Joint inspection conducted after termination and after loss already incurred. EVIDENCE — Admissibility and weight — Application to expunge witness evidence made post-trial in written submissions — Whether procedurally irregular — Treatment of lay witness evidence on unpleaded facts — Role and weight of expert evidence — Expert opinion on contractual interpretation excluded as a question of law for the Court. Interest — Penalty clause — Contracts Act 1950, s.75 — Interest rate of 1.5% per day held penal in nature and disproportionate to principal sum — Estoppel by course of dealing TORT — Negligence — Professional/specialist duty of care — Deemed reliance on specialist sub-contractor — Concurrent duty in contract and tort — Standard of "due skill, care and judgment" — Whether specialist lift contractor with superior knowledge discharged advisory duty in good time — Delay in recommending traction machine replacement — Breach of statutory duty — Occupational Safety and Health Act 1994, s.17(1) — JKKP investigation findings — Regulatory penalty as evidence of breach.

Practice Areas

Judges (1)

Rajes Raghavji Delivered

Parties (2)

CONCORD LINK MANAGEMENT CORPORATION Plaintiff RK ELEVATOR Sdn Bhd Defendant

Judgment

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Source: eJudgment (wa-22c-74-10-2023)