Company wins BND3.49M lawsuit

Fadley Faisal

The High Court on December 31, 2019, awarded Alpha One Engineering Services Sdn Bhd BND3,494,379.70 in its claim against defendant company Syarikat Haji Idris Kalong Sdn Bhd, for breach of contract.

The defendant company had failed to pay Alpha One for services provided between February 2013 to April 2014, arising from a scaffolding project between the defendant and another company.

Both parties cited the twin certification of timesheets as the main issue of dispute. The defendant contended that all timesheets submitted for payment needed to be certified by project owners.

The plaintiffs called two witnesses, including the defendant’s former general manager, while the defendant only relied on the documents submitted and their examination of the witnesses.

Having considered the evidence at trial and submissions by the parties, Justice Kannan Ramesh presiding over his first case in Brunei, allowed Alpha One’s claim in full, after finding that twin certification of the timesheets was not an agreed term of the contract between the parties.

It was also held that even if there was a term requiring twin certification, any obligation to obtain such twin certification would have been on the defendant.

Alpha One was also awarded interest on the full claim at the rate of six per cent per annum, 30 days from the date of submission of the invoices to the defendant until the date of judgement, and a further six per cent per annum on the judgement sum until payment. The defendants were further ordered to pay the costs of the legal action to the plaintiffs.

Alpha One was represented by lawyers Eugene Loh and Kamal Shaari of Messrs Yusof Halim & Partners, while Syarikat Haji Idris Kalong Sdn Bhd was represented by lawyer Shazale Salleh.