NZSK Legal Triumphs in Construction Contract Dispute Between Binastra Ablebuild and Kumkang Kind

NZSK Legal Secures High Court Victory for Kumkang Kind (M) Sdn. Bhd. in RM1.36 Million Construction Dispute

NZSK Legal Secures High Court Victory for Kumkang Kind (M) Sdn. Bhd. in RM1.36 Million Construction Dispute

Kuala Lumpur, 24 October 2025
Messrs. Ng, Zainurul, Seke & Khoo (NZSK Legal) is proud to announce a successful outcome for Kumkang Kind (M) Sdn. Bhd., in a civil suit before the High Court of Malaya at Kuala Lumpur (Civil Suit No. WA-22C-23-03/2024).
Judgment was delivered by Honourable Judge Azlan bin Sulaiman on 24 October 2025, who dismissed the Plaintiff’s claim and allowed the Defendant’s counterclaim in full.

The Court ordered the Plaintiff, Binastra Ablebuild Sdn. Bhd., to pay:

  • RM1,240,283.07 in outstanding payment;

  • RM45,023.97 in late payment interest (from 1 December 2021 to 22 August 2022);

  • RM23,591.99 for adjudication costs;

  • 5% annual interest on the judgment sum from 8 August 2023 until full payment; and

  • RM60,000.00 in litigation costs (subject to allocatur).

The total sum in favour of the Defendant exceeds RM1.36 million, excluding continuing interest.

This judgment reinforces NZSK Legal’s position as a trusted advocate in complex construction and CIPAA-related disputes, ensuring fair recovery of sums due to clients.

The case was led by Lawyer Khoo Ai Theng (Managing Partner), assisted by Jessie Teo Khor Ying.

About the Case

The dispute stemmed from contractual payment issues following a Construction Industry Payment and Adjudication Act 2012 (CIPAA) adjudication. The Plaintiff’s claim was dismissed, while the Defendant’s counterclaim succeeded fully, affirming the enforceability of adjudication outcomes and contractual obligations.

Quote

“We are honoured to have represented Kumkang Kind (M) Sdn. Bhd. and to uphold the importance of fairness and clarity in construction contracts,” said Lawyer Khoo Ai Theng, Managing Partner of NZSK Legal.

About NZSK Legal

Messrs. Ng, Zainurul, Seke & Khoo is a boutique Malaysian law firm focusing on litigation, arbitration, and construction law. The firm represents clients in high-value disputes before Malaysian courts and statutory tribunals.

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