CABNET SYSTEMS [M] SDN BHD vs DEKAD KALIBER SDN BHD & ANOR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 MarsdenLR 1887

HIGH COURT MALAYA SHAH ALAM
CABNET SYSTEMS [M] SDN BHD – Appellant
Versus
DEKAD KALIBER SDN BHD & ANOR – Respondent

Petitioner Advocates:Maximilian Tai Kim Sen,Krishanthini Dewi Jeeva Kumar ,Respondent Advocate: Nadzarin Wok Nordin,Azhar Arman Ali,Rachel Loi Guong-Li

JUDGMENT

Wong Kian Kheong J:

A. Background

[1] The first defendant company (1st defendant) was the main contractor of a construction project called "ICQS" at Bukit Kayu Hitam, Kedah Darul Aman (Project).

[2] For the Project, the 1st defendant had appointed Synergycentric Sdn Bhd (SSB) as a subcontractor for "ICT and Security Works Package" (Subcontract).

[3] On 18 July 2017, the plaintiff company (plaintiff) entered into a "Sale and Purchase Agreement" (SPA) with SSB whereby for the purpose of the Project, the plaintiff had agreed to sell to SSB, deliver, install, test and commission "CCTV" (Closed-Circuit Television), "ACS" (Access Control System) and "PA" (Public-Address System) (collectively referred to as the "Equipment").

[4] Pursuant to the SPA, the plaintiff had supplied, delivered, tested and commissioned the Equipment for the Project.

[5] According to the plaintiff, SSB had only paid RM3,449,302.48 to the plaintiff for the Equipment and there was an outstanding sum of RM1,120,718.96 (plaintiff's Claim).

[6] The plaintiff's Claim was referred to adjudication under the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the adjudicator, Mr Loo Chun Kok, made an ad

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2020 MarsdenLR 1887

HIGH COURT MALAYA SHAH ALAMCABNET SYSTEMS [M] SDN BHD – AppellantVersusDEKAD KALIBER SDN BHD & ANOR – Respondent

Cases Referred (2)

HIGH COURT MALAYA SHAH ALAM
CABNET SYSTEMS [M] SDN BHD – Appellant
Versus
DEKAD KALIBER SDN BHD & ANOR – Respondent