Table 1.

No. Case Case Title Year Cause of Disputes Final Judgment Disputed Quantum (RM) Amount Granted (RM)
Number
1 4 MLJ 37 Geopancar Sdn Bhd v Visage 2013 Uncertain provision to determine conclusiveness of final account by The judge allowed the application for the outstanding sum. The final account remained RM4,253,111.73 RM4,253,111.73
Engineering Sdn Bhd virtue of defective works thus the dispute arose. conclusive as there was no evidence of defective work for the counterclaim. The judge
found that there was no invoice or other supporting documents to prove the
deduction for defective work was correct. Similar to previous case, the judge implied
that the following defective works would reverse the conclusiveness of the final
account.

2 5 MLJ 414 SA Shee (Sarawak) Sdn Bhd v 2000 Uncertain provision for the conclusiveness of final account due to The judge dismissed the application to restrain the case to be brought to arbitration. Unspecified as the rectification of Unspecified
Sejadu Sdn Bhd subsequent defective works of sink-holes on reclaimed land thus the The judge held that the final account was proved inconclusive due to the subsequent the subsequent defective work
dispute arose. defective work which was allowed under clause 44 of the Turnkey contract. Such issue was pending and yet to be
proved that there was dispute to be brought to arbitration. quantified.

3 MLJU 802 Tkm Property Sdn Bhd v 2011 Contractor erred by failing to have the final account verified by The judge dismissed the application as the final account statement adduced was found RM2,136,231.47 RM0.00
Syarikat KMZ Sdn Bhd and Anor consultants. lack of verification. The final amount claimed was not verified by the quantity surveyor
and architect of the project thus rendered the account inconclusive.

4 8 MLJ 157 Liang Court Wanisara (Sarawak)
Sdn Bhd v Mohamed Shookry
Abdul Ghani & Ors
2014 Consultant delayed the issuance of Certificate of Practical Completion
thus delayed the process of final account which caused the dispute.
Works already handed over to the client and the defects liability period
effected but the CPC was not issued which is obviously a delay on the
part of the consultant.
The judge dismissed the application due to lack of certification of work done. The RM1,956,800 RM0.00
appellant failed to show the Certificate of Practical Completion in the claim. The judge
found that this evidence was one of theimportantdocuments for the finalization of
final account thus dismissed the application by the appellant.

5 MLJU 139 Ng Eng Wan trading as
Pembinaan Wan Jaya v Maju
Holdings Sdn Bhd
2013 Employer delayed and refused to pay final sum despite valid final The summary judgment was granted by the judge in favour of the appellant due to RM5,850,322.97 RM5,850,322.97
account statement. valid final account statement and weak defense to prove that there was no contractual
relationship between the parties. The judge found that it was inappropriate for the
respondent to withhold the payment with all the necessary certifications of work done
and final account.