HERITAGE LOGISTICS SDN BHD WANAZALY BIN ANSANY

HERITAGE LOGISTICS SDN BHD WANAZALY BIN ANSANY

The appeal was dismissed because the Sessions Court correctly found, on the affidavit evidence, that respondents had raised bona fide triable issues — including documented steps taken to satisfy the conditions precedent and delays attributable to COVID-19 and to the plaintiff's failure to provide mandatory documents — such that summary judgment under Aturan 14 was inappropriate; matter remitted for full trial and costs awarded to respondents.

Citation
BL-12ANCVC-4-02/2021 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Heritage Logistics Sdn Bhd; Respondent / Defendant 1: Wanazaly bin Ansany; Respondent / Defendant 2 (firm): TETUAN CHAMBERS OF JASON CHEW
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 July 2021
Case Number
BL-12ANCVC-4-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Decision on Order 14 (summary Judgment) Application From Sessions Court
Outcome
Appeal dismissed
Legal Topics
Conditions Precedent, Deposit Recovery, Summary Judgment Under Order 14, Delay Excused by COVID 19/pkp, Malay Reserve Land Transfer Procedures
Source Language
Malay/English
Contract Property Law Civil Procedure Trusts/escrow Conditions Precedent Deposit Recovery Summary Judgment Under Order 14 Delay Excused by COVID 19/pkp +1 more

Case Brief

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Parties

Heritage Logistics Sdn Bhd

Appellant / Plaintiff

Wanazaly bin Ansany

Respondent / Defendant 1

TETUAN CHAMBERS OF JASON CHEW

Respondent / Defendant 2 (firm)

Procedural Posture

Civil Appeal / Decision on Order 14 (summary Judgment) Application From Sessions Court

Legal Issues

  1. 1 Whether defendants breached clause 1.02 conditions precedent of the sale agreement
  2. 2 Whether plaintiff was entitled to summary judgment under Aturan 14 Kaedah-kaedah Mahkamah 2012
  3. 3 Whether delays caused by COVID-19 and plaintiff's own failure to provide mandatory documents create triable issues

Ratio Decidendi

The appeal was dismissed because the Sessions Court correctly found, on the affidavit evidence, that respondents had raised bona fide triable issues — including documented steps taken to satisfy the conditions precedent and delays attributable to COVID-19 and to the plaintiff's failure to provide mandatory documents — such that summary judgment under Aturan 14 was inappropriate; matter remitted for full trial and costs awarded to respondents.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondents RM3000