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2015 MarsdenLR 1021
HIGH COURT MALAYA JOHOR BAHRU
L & L BROTHER ENGINEERING SERVICES – Appellant
Versus
TAN CHANG YONG HOLDING SDN BHD – Respondent
[Civil Suit No: 22NCVC-69-04/2014]
The enforceability of consultancy agreements is contingent on compliance with statutory qualification requirements, as established by applicable engineering legislation.
Headnote:{ "Statute Analysis": "The relevant laws applied include the Registration of Engineers Act 1967, which the court asserts is critical for establishing qualifications in executing engineering services.", "Facts of the Case": "The Plaintiff entered into multiple agreements with the Defendant, claiming payment for renovation and consultancy services at Plaza Century. The Defendant countered claims citing incomplete works and lack of qualifications.", "Findings of Court": "The court found that the Plaintiff had satisfied the requirements to claim the sums due, thereby agreeing with the Plaintiff's assertions of completed works and entitlement to payment.", "Issues": "The primary issues include whether the Plaintiff executed the renovation works satisfactorily and the impact of the Registration of Engineers Act 1967 on the enforceability of contracts. ", "Ratio Decidendi": "The court emphasized that the Plaintiff completed the project satisfactorily as evidenced by the testimony and that the Defendant's later challenges regarding qualifications were not valid as they occurred after acceptance of the work. ", "Result": "The Plaintiff is entitled to the reliefs claimed, with the Defendant ordered to pay RM25,000.00 in costs." }
| Table of Content |
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| 1. plaintiff's claims are rooted in specific agreements for services rendered. (Para 1 , 2 , 3 , 4 , 5) |
| 2. contentions regarding performance and statutory qualifications arise from the conflicting interpretations of service agreements. (Para 6 , 24 , 27 , 50) |
| 3. court emphasizes that acceptance of work serves to invalidate later claims against the plaintiff's performance. (Para 53 , 58) |
| 4. the court ruling affirms the plaintiff's rightful claims and asserts the enforceability of the construction agreements. (Para 64) |
Introduction
[1] Pursuant to the High Court Order dated 29 October 2014, the Sessions Court Civil Suit No A52NCVC-37-04/2014 has been consolidated with the present High Court Civil Suit No: 22NCVC-69-04/2014. The Plaintiff had called four witnesses to testify to prove its claims whereas Defendant had called two witnesses at trial.
Plaintiff's Case
[2] The Plaintiff's claim in the Sessions Court was as follows:-
a) The Plaintiff had provided a service as Project Manager to the Defendant for Consultancy Service for the renovation works at the Plaza Century (Complex) on Lot 1182 and Lot 1183, Jalan Harimau/Jalan Pelanduk, 80250 Johor Bahru, Johor pursuant to the terms and conditions stated in Letter of Agreement dated 6 January 2012 ("6 January 2012 Agreement") covering the works for hotel TNB meter reticulation, complex building plan application contribution, complex site management fees, coordination fees to obtain MBJB and Bomba CCC Letter;
b) That the fees for the said Consultancy Service was for the sum of RM200,000.00.
c) That the Plaintiff had performed its obligations pursuant to the 6 January 2012 Agreement including variation works as agreed by the Defendant in relation to the Renovation Works at the said premises.
d) That the Plaintiff will rely on the certification approved by the relevant authorities and certification by the Defendant in providing the consultancy services.
e) That the Defendant had failed to pay for the balance of professional consultancy services to the Plaintiff for the sum of RM158,500.00 (whereby the Defendant had paid the sum of RM41,500.00 to the Plaintiff earlier) pursuant to the Invoice No LNLN/2012/TCY/15/01 dated 6 January 2012.
[3] The Plaintiff pleaded in High Court the following claim:-
a) That the Plaintiff had provided its services as Project Manager for consultancy services for the said Renovation Works at Plaza Century (Complex) on Lot 1182 and Lot 1183, Jalan Harimau/Jalan Pelanduk, Century Garden, 80250 Johor Bahru, Johor (hereinafter to be referred as the said premises) pursuant to the terms and conditions stated in the letter dated 16 October 2011(pages 70 - 71 Bundle A1) and the letters of appointment dated 17 October 2011 (pp 56 and 69 of Bundle A1) and the two agreements dated 17 October 2011.
b) That the said renovation works at the said premises cover Main Building, Mechanical and Electrical and Interior Design Works.
c) That the costs of the works agreed between both parties was for the sum of RM4,900,000.00 (Renovation Costs) whereby the method of payment had been stated in the said agreements.
d) That the Plaintiff had performed its obligations pursuant to the said agreements including variation works according to the laws and terms and conditions required to perform the said renovation works for the said premises.
e) That the Plaintiff handed over the said premises on 5th January 2012 to the Defendant whereby renovation works had been done according to the terms and conditions agreed between both parties.
f) That the Plaintiff will rely on the certification approved by the relevant authorities and certification by the Defendant for the renovation works at the said premises.
g) That the Defendant has failed to pay for the balance of the renovation costs of RM991,500.00 to the Plaintiff pursuant to the Invoice No LNL/2012/86/03-R1 dated 1 March 2013.
h) That the Defendant had failed to pay for the additional claim for variation works that is, the sum
