BINA-PILE INDUSTRIES SDN BHD EUROLAND & DEVELOPMENT SDN BHD

BINA-PILE INDUSTRIES SDN BHD EUROLAND & DEVELOPMENT SDN BHD

Clause 17 of the Guarantee rendered the judgment in default against the Main Contractor and the accompanying statement of account binding and conclusive as against the Respondent; the Respondent did not discharge the burden of disproving the indebtedness; invoices and statements of account sufficed as evidence of delivery in the absence of manifest error, therefore the Sessions Court was plainly wrong and the appeal is allowed.

Citation
12BNCC-16-07/2020 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Bina-Pile Industries Sdn Bhd; Respondent / Defendant: Euroland & Development Sdn Bhd; Main Contractor / 1st Defendant (default): All Ways Builder Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2021
Case Number
12BNCC-16-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (commercial) / High Court Appeal From Sessions Court Judgment
Outcome
Appeal allowed; Sessions Court judgment dated 22.07.2020 set aside; order entered against Respondent as per Writ of Summons and paragraph 17 of Statement of Claim dated 01.03.2019
Legal Topics
Guarantee Enforcement, Judgment in Default, Statement of Account as Evidence, Proof of Delivery, Appellate Review (plainly Wrong Test)
Source Language
Malay/English
Contract Guarantee Civil Procedure Commercial Law Evidence Guarantee Enforcement Judgment in Default Statement of Account as Evidence +2 more

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Parties

Bina-Pile Industries Sdn Bhd

Appellant / Plaintiff

Euroland & Development Sdn Bhd

Respondent / Defendant

All Ways Builder Sdn Bhd

Main Contractor / 1st Defendant (default)

Procedural Posture

Civil Appeal (commercial) / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether the judgment in default (JID) against the Main Contractor is binding and conclusive proof of indebtedness of the Respondent under clause 17 of the Guarantee
  2. 2 Whether the delivery of concrete to the project site was sufficiently proven by documents and witness testimony to trigger the Respondent's liability under the Guarantee

Ratio Decidendi

Clause 17 of the Guarantee rendered the judgment in default against the Main Contractor and the accompanying statement of account binding and conclusive as against the Respondent; the Respondent did not discharge the burden of disproving the indebtedness; invoices and statements of account sufficed as evidence of delivery in the absence of manifest error, therefore the Sessions Court was plainly wrong and the appeal is allowed.

Court Disposition

Appeal allowed; Sessions Court judgment dated 22.07.2020 set aside; order entered against Respondent as per Writ of Summons and paragraph 17 of Statement of Claim dated 01.03.2019

Orders

  • Set aside decision of the Sessions Court dated 22.07.2020
  • Order entered against Euroland & Development Sdn Bhd pursuant to the Writ of Summons and paragraph 17 of the Statement of Claim dated 01.03.2019