5 December 2023

Our Partners, Idza Hajar Ahmad Idzam and Nan Muhammad Ridhwan together with their Legal Associates, Muhammad Hibri Nazim and Aiesyah Mustafa from Zul Rafique & Partners’ Litigation Practice Group successfully acted for Medivest Sdn. Bhd. (“Defendant”) in defending against a claim (“Claim”) by Teraju Saga Sdn. Bhd. (“Plaintiff”).

The Plaintiff’s Claim revolved around alleged landscaping works for areas beyond what was agreed contractually between parties. It was submitted and accepted by the Court that:-

(i) There were no written instructions by the Defendant for the Plaintiff to execute the alleged services; 
It was practically impossible to execute the alleged services considering the landscaping area;
(iii) The Claim did not contain any concrete details and/or attachment to prove how the amount was calculated; and
(iv) Upon completing all contractual works, the Plaintiff only submitted their invoice for the Claim after two (2) years which amounts to an afterthought.
The Plaintiff’s Claim was dismissed with costs.

For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Nan Muhammad Ridhwan Rosnan

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