UNIVERSITY OF MALAYA vs FBSM CTECH SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 2632

COURT OF APPEAL PUTRAJAYA
UNIVERSITY OF MALAYA – Appellant
Versus
FBSM CTECH SDN BHD – Respondent

Petitioner Advocates:Fahri Azzat,Nurul Rafeeza Hamdan ,Respondent Advocate: Vincent Lim,Emily Wong

Table of Content
1. appeal lodged by ummc to strike out claim. (Para 1)
2. description of contractual relationships among parties. (Para 2 , 3 , 4 , 5 , 6)
3. claim details and liquidation process. (Para 7)
4. arguments on privity of contract. (Para 8)
5. arguments regarding privity of contract and liquidator's powers. (Para 9 , 10 , 12 , 13)
6. no privity of contract established between plaintiff and first defendant. (Para 11 , 14 , 16)
7. court's conclusion to allow appeal and strike out the claim. (Para 15 , 17)
8. limitations on liquidator's powers. (Para 18)

[1] This appeal is lodged by the First Defendant UMMC against the decision of the learned High Court Judge at Kuala Lumpur, who had dismissed its application for striking out under O 18 r 19 of the Rules of 2012. We have heard the appeal and have allowed the appeal of the First Defendant for the claim of the Plaintiff against the First Defendant be struck out.

[2] We note that the contractual relationship between the parties in this suit are these. The First Defendant UMMC, appointed the Second Defendant Technitium Sdn Bhd as the main contractor to supply, deliver, install, test and commission Total Hospital Information System (THI

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2018 MarsdenLR 2632

COURT OF APPEAL PUTRAJAYAUNIVERSITY OF MALAYA – AppellantVersusFBSM CTECH SDN BHD – Respondent

COURT OF APPEAL PUTRAJAYA
UNIVERSITY OF MALAYA – Appellant
Versus
FBSM CTECH SDN BHD – Respondent