WABAG MUHIBBAH JV SDN BHD USAHA SELALU SDN BHD

WABAG MUHIBBAH JV SDN BHD USAHA SELALU SDN BHD

The High Court upheld the Sessions Court finding that the plaintiff had accepted defendant's debit notes only under protest and was not estopped from claiming the outstanding sums; the Payment Summary dated 19.01.2019 was issued, certified and checked by defendant and thereby superseded the earlier debit notes as the basis for outstanding liability of RM400,218.14; defendant could not later revert to relying on the debit notes. The appeal was dismissed with costs.

Citation
JA-12BNCvC-26-11/2023 (Mahkamah Tinggi)
Parties
Perayu (appellant): Wabag Muhibbah JV Sdn Bhd; Responden (respondent): Usaha Selalu Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 April 2025
Case Number
JA-12BNCvC-26-11/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Estoppel, Parol Evidence Rule, Payment Dispute, Judicial Appreciation of Evidence, Debit Notes, Payment Summary
Source Language
Malay/English
Contract Evidence Civil Procedure Estoppel Parol Evidence Rule Payment Dispute Judicial Appreciation of Evidence Debit Notes +1 more

Case Brief

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Parties

Wabag Muhibbah JV Sdn Bhd

Perayu (appellant)

Usaha Selalu Sdn Bhd

Responden (respondent)

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court Decision

Legal Issues

  1. 1 Whether the plaintiff was estopped from claiming invoices containing defendant's debit notes
  2. 2 Whether the Payment Summary dated 19.01.2019 superseded the earlier debit notes and fixed the outstanding amount

Ratio Decidendi

The High Court upheld the Sessions Court finding that the plaintiff had accepted defendant's debit notes only under protest and was not estopped from claiming the outstanding sums; the Payment Summary dated 19.01.2019 was issued, certified and checked by defendant and thereby superseded the earlier debit notes as the basis for outstanding liability of RM400,218.14; defendant could not later revert to relying on the debit notes. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs fixed at RM10,000.00 subject to payment of allocatur/solicitor's fees