DATAMICRON SYSTEMS SDN BHD v DATAKRAF SOLUTION SDN BHD

wa-22ncvc-417-07-2022 High Court (Mahkamah Tinggi) 29 May 2025 • WA-22NCvC-417-07/2022 • 27 min read

12 cases cited (0 SG, 12 foreign)

Catchwords

Definition of “man-day” – Whether applicable for calculation of damages when the contract is silent on how damages for breach is to be assessed – Teaming Agreement – Plaintiff prepared proposal for Defendant to bid for government contract upon Defendant’s undertaking to subcontract to Plaintiff – Defendant awarded government contract by the National Cyber Security Agency (“NACSA”) and did appoint the Plaintiff as its subcontractor – Plaintiff played major role in performing the Government contract – Plaintiff attended every meeting with Government agencies and attend to every aspect of the project – Defendant is to only supply the hardware for installation of software created by the Plaintiff – Government agency NACSA terminated contract due to unforeseen reasons – Defendant terminated subcontract but failed to pay Plaintiff – Defendant also failed to disclose payment or other consideration that it received from the Government agency – No default by Plaintiff – Whether Defendant has breached contract with Plaintiff – Damages to compensate Plaintiff – Whether S.71 Contracts Act 1950 / Quantum Meruit is applicable – Whether Plaintiff may claim damages based on man-day calculation method – Privity of contract – Plaintiff has no cause of action against NACSA – No statute in Malaysia similar to UK Contracts (Rights of Third Parties) Act 1999.

Judges (1)

Gan Techiong Delivered

Counsel (5)

Asyraf, Vivek & Wee Firm Rosli Dahlan Saravana Firm Bahari Yeow Tien Hong Counsel Plaintiff Jasvinder Singh A/L Surinder Singh Counsel Defendant Lee Hon Jinn Counsel Plaintiff

Parties (2)

DATAKRAF SOLUTION Sdn Bhd Defendant DATAMICRON SYSTEMS Sdn Bhd Plaintiff

Case Significance

DATAMICRON SYSTEMS SDN BHD v DATAKRAF SOLUTION SDN BHD is a High Court (Mahkamah Tinggi) decision dated May 29, 2025 (citation: wa-22ncvc-417-07-2022). The case was decided by Gan Techiong.

What was the outcome of DATAMICRON SYSTEMS SDN BHD v DATAKRAF SOLUTION SDN BHD?

DATAMICRON SYSTEMS SDN BHD v DATAKRAF SOLUTION SDN BHD is a High Court decision dated May 29, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

Cases Cited (12)

UK (1)

[1936] 2 KB 403

MY (11)

[1967] 2 MLJ 118 [1994] 1 CLJ 19 [2014] 8 MLJ 14 [2015] 9 CLJ 1002 [2015] MLJU 2368 [2015] MLJU 33 [2018] 1 MLJ 784 [2019] 8 CLJ 800 [2021] 6 CLJ 319 [2022] MLJU 216 [2024] MLJU 1568

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-417-07-2022)