Majlis Amanah Rakyat vs Ten-Tel And Construction Sdn Bhd (in liquidation)
The Appellant, Majlis Amanah Rakyat (MARA), appealed against the High Court's decision to allow the Respondent, Ten-Tel And Construction Sdn Bhd (in liquidation), to claim RM5,665,383.79 for construction work performed under a sub-contract. The High Court found privity of contract between the parties based on conduct, despite the absence of formal consent. The Court of Appeal reversed the decision, holding that no privity of contract existed and that the Respondent's claim was not binding on the Appellant. The appeal was allowed with costs.
Overview
Case Number
P-01(NCvC)(W)-462-09/2019
Case Type
Civil - Construction contract dispute
Court
Court of Appeal of Malaysia, Putrajaya
Coram Judges
- Abdul Karim bin Abdul Jalil
- Abu Bakar bin Jais
- Gunalan a/l MuniandyDelivered Judgment
Related Proceedings
High Court
PA-22NCvC-04-05/2017
High Court of Malaysia at Penang
Court of Appeal
P-01(NCvC)(W)-462-09/2019
Court of Appeal of Malaysia
Subject Matter
Construction contract disputesPrivity of contractSub-contracting