Winston M&E Sdn Bhd v Goodgloves Industries Sdn Bhd (BA-24C-6-01/2025)

High Court of Malaysia3 Jul 2025

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 3 Jul 2025
Case number: BA-24C-6-01/2025
Coram: YA Puan Sumathi a/p Murugiah
Practice area: -there is no complaint raised against the Adjudicator on procedural unfairness by Goodgloves. -the restriction in awarding interest is only when the interest is awarded on the unpaid sum from the date it becomes due under the contract. In order to award interest in such circumstances, the right to do so should be provided for under the contract. - Goodgloves had failed to discharge its burden to prove on balance of probabilities that the Adjudicator had breached the rule of natural ju - in the absence of any evidences to say otherwise, all 3 conditions have been satisfied and since the Setting Aside has been dismissed, Winston’s application to enforce the AD is allowed
Version: Alasan Penghakiman 1
Published: 15 Aug 2025
Source ID: 06b6ae8e-71d7-49fc-9e4b-eb0003949218

Catchwords

-there is no complaint raised against the Adjudicator on procedural unfairness by Goodgloves. -the restriction in awarding interest is only when the interest is awarded on the unpaid sum from the date it becomes due under the contract. In order to award interest in such circumstances, the right to do so should be provided for under the contract. - Goodgloves had failed to discharge its burden to prove on balance of probabilities that the Adjudicator had breached the rule of natural ju - in the absence of any evidences to say otherwise, all 3 conditions have been satisfied and since the Setting Aside has been dismissed, Winston’s application to enforce the AD is allowed

Parties

WINSTON M&E SDN BHD - applicant - ejudgment_parties
GOODGLOVES INDUSTRIES SDN BHD - respondent - ejudgment_parties

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Catchwords