MRCB BUILDERS SDN BHD v 1. ) SMM RESOURCES SDN BHD 2. ) CHAN KAH WAI 3. ) CHAI YEE HIN 4. ) XXXX 5. ) Mominul Islam Abdul Rob PIHAK TERKILAN ZULBAHARI ABU BAKAR
Catchwords
This dispute involves construction work that is allegedly tainted with fraud and conspiracy. A subcontractor has been accused not only of committing fraud against the main contractor but also of conspiring through its directors with the main contractor's key persons on the site of the project for financial gain at the expense of the main contractor. At first glance, everything appeared to be in order at the project site. There was, however, only one thing missing: the Letter of Award, which was not in place because the proper procedures for appointing the subcontractor were allegedly not followed. However, it is interesting to note that the subcontractor was already on site, working right under the main contractor's nose. Following analysis of the evidence, the court concludes that there is a contract between the plaintiff and the first defendant, despite the fact that the plaintiff did not appoint the first defendant in writing to supply labour and do the work in quantity for the project. As a result, the plaintiff is not entitled to a refund of the money paid to the subcontractor. Thus, the conspiracy claim fails as well. While this is taking place, the first defendant counterclaims for the work that was done but has not yet been paid in full. In this regard, the court finds that the first defendant failed to provide supporting documentation for its claim of work done. In light of the above, the plaintiff's claim is dismissed along with the first defendant's counterclaim, with no order as to costs. Costs will only be awarded to the second to fifth defendants.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-846-11-2019)