DSCAFF ENGINEERING SDN BHD v 1. ) CHEEMATRADE SDN BHD 2. ) SABAH SHELL PETROLEUM COMPANY LIMITED

wa-22ncvc-535-08-2021 High Court (Mahkamah Tinggi) 6 January 2025 • WA-22NCvC-535-08/2021 • 9 min read

Catchwords

Introduction 1. The Plaintiff’s claim against the 1st Defendant is for unpaid rental as well as the non-return of the materials and accessories (“supplies”) supplied to the 1st Defendant under a Scaffold Rental Agreement (“the Agreement”) dated 15/5/2019. 2. The dispute between the Plaintiff and the 1st Defendant proceeded to a full trial whereby the Plaintiff called 3 witnesses whereas the 1st Defendant called 1 witness. The Plaintiff’s claim against the 2nd Defendant was earlier stuck out by the Court. Conclusion 29.The Court allowed the Plaintiff’s claim on the following terms: i)Paragraph 18(a) of the Statement of Claim is allowed after deducting the deposit and payments of rental already made by the 1st Defendant; ii)The late payment fee as asked for in paragraph 18 (b) and (d) is allowed; iii)In place of paragraph 18(c) the Court directed the 1st Defendant to pay the Plaintiff according to Appendix C of the Agreement. 30.The Court also allowed interest of 5% per annum on all outstanding sum until full payment is made by the 1st Defendant. Finally, the Court allowed a cost of proceeding of RM100,000 to be paid by the 1st Defendant to the Plaintiff.

Judges (1)

Akhtar bin Tahir Delivered

Counsel (6)

A. Rajadurai P. Kuppusamy & Co. Firm Lewis Lim & Min Lee Firm Justin Ong Counsel Plaintiff Lewis Lim Counsel Plaintiff SP Devi Counsel Defendant VK Raj Counsel Defendant

Parties (3)

CHEEMATRADE Sdn Bhd Defendant DSCAFF ENGINEERING Sdn Bhd Plaintiff SABAH SHELL PETROLEUM COMPANY LIMITED Defendant

Statutes Cited

Contracts Act 1950 (Cap 136)
s 56(1) s 64
Evidence Act 1950 (Cap 56)
s 101

Judgment

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Source: eJudgment (wa-22ncvc-535-08-2021)