1. GOBALAKRISHNAN A/L NARAYANASAMY (NO. K/P: 650312-07-5939) 2. SIVAPRIYAI A/P MN V SP VELAYUDHAM (NO. K/P: 691111-05-5128) ECO MERIDIAN SDN. BHD. (NO. SYARIKAT: 909427-K)

1. GOBALAKRISHNAN A/L NARAYANASAMY (NO. K/P: 650312-07-5939) 2. SIVAPRIYAI A/P MN V SP VELAYUDHAM (NO. K/P: 691111-05-5128) ECO MERIDIAN SDN. BHD. (NO. SYARIKAT: 909427-K)

The High Court held that the written tenancy agreement, including clause 7.19.6 and the no-representation/entire-agreement clause, excluded the alleged oral representations; accordingly the defendant had no sustainable counter-claim, failed to raise a triable issue, and summary judgment and striking out of the counter-claim were correctly ordered.

Citation
PA-12ANCVC-116-12/2018 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Gobalakrishnan A/L Narayanasamy; Appellant / Defendant: Sivapriyai A/P MN V SP Velayudham; Respondent / Plaintiff: Eco Meridian Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
PA-12ANCVC-116-12/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court Review of Sessions Court) / Judgment on Appeals Regarding Summary Judgment and Strike Out Application
Outcome
Appeals dismissed
Legal Topics
Entire Agreement Clause, Summary Judgment (order 14 Rc), Strike Out of Counter Claim (order 18 Rule 19 Rc), Misrepresentation, Counter Claim and Set Off, Tenancy Agreement, Damages
Source Language
Malay/English
Contract Law Civil Procedure Landlord and Tenant Law Entire Agreement Clause Summary Judgment (order 14 Rc) Strike Out of Counter Claim (order 18 Rule 19 Rc) Misrepresentation Counter Claim and Set Off +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gobalakrishnan A/L Narayanasamy

Appellant / Defendant

Sivapriyai A/P MN V SP Velayudham

Appellant / Defendant

Eco Meridian Sdn. Bhd.

Respondent / Plaintiff

Procedural Posture

Civil Appeal (high Court Review of Sessions Court) / Judgment on Appeals Regarding Summary Judgment and Strike Out Application

Legal Issues

  1. 1 Whether the defendant’s counter-claim based on alleged oral representations is sustainable
  2. 2 Whether alleged oral representations are excluded by the tenancy agreement’s entire-agreement/no-representation clause
  3. 3 Whether the defendant raised a triable issue to resist summary judgment

Ratio Decidendi

The High Court held that the written tenancy agreement, including clause 7.19.6 and the no-representation/entire-agreement clause, excluded the alleged oral representations; accordingly the defendant had no sustainable counter-claim, failed to raise a triable issue, and summary judgment and striking out of the counter-claim were correctly ordered.

Court Disposition

Appeals dismissed

Orders

  • Appeal No. PA-12ANCVC-116-12/2018 dismissed; summary judgment for Plaintiff affirmed pursuant to Order 14 Rules of Court 2012
  • Appeal No. PA-12ANCVC-32-07/2019 dismissed; Defendant's counter-claim struck out pursuant to Order 18 Rule 19 (b),(c) and/or (d) Rules of Court 2012