ASIAPOOLS (M) SDN BHD vs IJM CONSTRUCTION SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 1168

COURT OF APPEAL PUTRAJAYA
ASIAPOOLS (M) SDN BHD – Appellant
Versus
IJM CONSTRUCTION SDN BHD – Respondent

Table of Content
1. facts of the case and parties involved. (Para 1 , 5 , 31)
2. arguments regarding payment obligations. (Para 6 , 7 , 11 , 12)
3. court's analysis of case law on contract clauses. (Para 8 , 9 , 10 , 13)
4. precedents from other jurisdictions on payment clauses. (Para 19 , 20 , 21)
5. final decision regarding payment liability. (Para 25 , 27 , 28)
6. interpretation of contractual clauses. (Para 50 , 52)

Low Hop Bing JCA:

Appeal

[1] Parties are referred to in their capacities in the Sessions Court.

[2] The Kuala Lumpur Sessions Court had allowed the plaintiffs claim with costs against the defendant.

[3] The defendants appeal to the High Court was allowed with costs. The High Court made a further order that the judgment sum of RM271,458.29, paid by the defendant to the plaintiff, be returned to the defendant, together with interest at 8% p.a.

[4] The plaintiff has now appealed to this Court.

Finding Of Facts

[5] The facts at the trial are not in dispute. The plaintiff was the nominated sub-contractor to build, inter alia, a swimming pool for a 161-unit condominium in Seremban. The defendant had earlier entered into a main contract with the developer ("the employer"), Ng Chee Yew S

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2009 MarsdenLR 1168

COURT OF APPEAL PUTRAJAYAASIAPOOLS (M) SDN BHD – AppellantVersusIJM CONSTRUCTION SDN BHD – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
ASIAPOOLS (M) SDN BHD – Appellant
Versus
IJM CONSTRUCTION SDN BHD – Respondent