INAI BINA SDN BHD vs MOHD RIZZAL SHAMAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2965

HIGH COURT MALAYA SHAH ALAM
INAI BINA SDN BHD – Appellant
Versus
MOHD RIZZAL SHAMAT – Respondent

Table of Content
1. dispute originates from the terms of the joint venture agreement regarding payment. (Para 1 , 2 , 3)
2. defendant's obligations under the jva were assessed and found to be deficient. (Para 4 , 5)
3. defendant's breach of fiduciary duty towards plaintiff was evident. (Para 6 , 11 , 20)
4. principles relating to proof of claims and waiver defenses. (Para 10 , 24 , 26)
5. observations on the responsibilities and obligations under the jva. (Para 12 , 19)
6. authorization of works and payments was a central issue in the dispute. (Para 29 , 30)

[1] This is an action that arises out of a sub-contract valued at above RM 8.0 million awarded by one Bintang Kencana Sdn Bhd ('BK') to the Defendant ('D'). Following the award of the sub-contract, D entered into a Joint Venture Agreement ('JVA') with the Plaintiff ('P') who commenced this claim against D for breach of the terms of the JVA arising out on non-payment to P for works done amounting to about RM 25 million.

Brief/Agreed Facts

1) Via Letter of Award dated 4 August 2008, Defendant was awarded a sub contract by a company named Bintang Kencana Sdn Bhd for "Cadangan Projek Pembinaan Secara Industrialised Building System untuk Sek

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2017 MarsdenLR 2965

HIGH COURT MALAYA SHAH ALAMINAI BINA SDN BHD – AppellantVersusMOHD RIZZAL SHAMAT – Respondent

Cases Referred (2)

HIGH COURT MALAYA SHAH ALAM
INAI BINA SDN BHD – Appellant
Versus
MOHD RIZZAL SHAMAT – Respondent