1. ) LEE BOONG HONG @ NG BOONG HONG 2. ) WONG CHEE LEONG v WH ELECTRICAL MARKETING (M) SDN BHD PIHAK KETIGA Ng Wei Siang - Franco Alex Associates

wa-22c-83-08-2020 High Court (Mahkamah Tinggi) 19 June 2023 • WA-22C-83-08/2020 • 56 min read

42 cases cited (1 SG, 41 foreign)

Catchwords

Whether the Plaintiffs have sued the right party - Whether the Plaintiffs’ claim is one based solely on the 1st LoA and 2nd LoA and the Consultation Contract - Whether there is any delay for the Works to be carried out by P1, and the services and goods delivered by P2 to the Defendant, respectively, in completion of the whole project. If this is answered in the affirmative, who is responsible for the delay? - Whether the Defendant has proven its counterclaim against the Plaintiffs for the sum of RM351,000.00 against P1 as penalty for late delivery and/ or completion - Whether the Defendant had ordered P2 to do additional metal and carpentry works pursuant to the Consultation Contract - Whether the Defendant had satisfied its obligations under the Consultation Contract - Whether the Defendant is indebted to the Plaintiffs in the sum of RM1,159,194.59 as the balance sum to be paid for the Works and the services rendered and goods delivered - Whether the Defendant had instructed the Plaintiffs for the matters arising from the 1st LoA and 2nd LoA and the Consultation Contract - Whether the Defendant has proven its counterclaim against the Plaintiffs for (a) the sum of RM1,104,148.04 or such other sums that is to be paid by the Defendant to others parties which ought to have been paid by P1; (b) the sum of RM1,000,000.00 against the Plaintiffs for loss of corporate opportunity; (c) an order for damages to be assessed for abuse of court process and breach of contract and negligence by P1

Judges (1)

Aliza binti Sulaiman Delivered

Parties (4)

WH ELECTRICAL MARKETING Sdn Bhd Defendant Lee Boong Hong @ Ng Boong Hong Plaintiff Ng Wei Siang - Franco Alex Associates Third Party Wong Chee Leong Plaintiff

Statutes Cited

Contracts Act 1950 (Cap 136)

Evidence Act 1950 (Cap 56)

Rules of Court 2012

Cases Cited (42)

SLR (1)

[2011] 1 SLR 582

UK (4)

[1964] 1 QB 367 [1966] 1 WLR 911 [1971] 1 All ER 301 [1990] 3 All ER 376

MY (37)

[1967] 2 MLJ 118 [1979] 2 MLJ 229 [1980] 2 MLJ 139 [1987] 2 MLJ 57 [1995] 3 CLJ 639 [1995] 4 CLJ 155 [1997] 3 CLJ 305 [1997] 4 CLJ 300 [2000] MLJU 700 [2004] 3 CLJ 679 [2005] 6 MLJ 266 [2007] 1 CLJ 12 [2010] 3 MLJ 721 [2010] 6 MLJ 181 [2010] MLJU 482 [2014] 10 MLJ 385 [2014] 11 MLJ 821 [2014] 11 MLJ 835 [2015] 1 CLJ 719 [2015] 2 CLJ 453 [2015] MLJU 2161 [2016] 6 CLJ 925 [2017] 7 CLJ 295 [2017] 7 CLJ 423 [2018] MLJU 245 [2018] MLJU 5 [2019] 2 CLJ 723 [2020] 10 MLJ 180 [2020] 3 CLJ 520 [2021] 3 CLJ 518 [2021] 4 MLJ 459 [2021] 5 MLJ 51 [2022] MLJU 2205 [2023] 1 CLJ 323 [2024] 2 AMR 157 [2024] MLJU 1568 [2024] MLJU 2201

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-83-08-2020)