1. HUSAMUDIN BIN MOHD ZIN (NO. K/P : XXXXXX-XX-XXXX) 2. UCA CONTRACTOR ENTERPRISE (Business Registration No. : JM0298137-W) (sued as a firm) CHING KENG BUILDING MATERIALS SDN BHD (Company No. : 355908-D)

1. HUSAMUDIN BIN MOHD ZIN (NO. K/P : XXXXXX-XX-XXXX) 2. UCA CONTRACTOR ENTERPRISE (Business Registration No. : JM0298137-W) (sued as a firm) CHING KENG BUILDING MATERIALS SDN BHD (Company No. : 355908-D)

The appellate court found that the affidavits and delivery documents before the court did not show actual values for deliveries and therefore created uncertainty as to the exact amount claimed, raising bona fide triable issues; accordingly the Sessions Court's Order granting summary judgment under Order 14 was set aside and the matter remitted for full trial.

Citation
JB-12BNCC-12-11/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant: HUSAMUDIN BIN MOHD ZIN; Appellant / Defendant (firm): UCA CONTRACTOR ENTERPRISE; Respondent / Plaintiff: CHING KENG BUILDING MATERIALS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 November 2020
Case Number
JB-12BNCC-12-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal From Sessions Court (order 14 Summary Judgment)
Outcome
Appeal allowed; Sessions Court order granting summary judgment set aside; matter remitted to Sessions Court for full trial
Legal Topics
Order 14 Rules of Court 2012, Summary Judgment, Liquidated Claim, Triable Issue, Affidavit Evidence, Remittal to Trial
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Commercial Law Order 14 Rules of Court 2012 Summary Judgment Liquidated Claim Triable Issue +2 more

Case Brief

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Parties

HUSAMUDIN BIN MOHD ZIN

Appellant / Defendant

UCA CONTRACTOR ENTERPRISE

Appellant / Defendant (firm)

CHING KENG BUILDING MATERIALS SDN BHD

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal From Sessions Court (order 14 Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment under Order 14 was appropriate
  2. 2 Whether the plaintiff satisfied preliminary requirements under Order 14
  3. 3 Whether the defendant raised a bona fide triable issue based on delivery invoices and statements of account

Ratio Decidendi

The appellate court found that the affidavits and delivery documents before the court did not show actual values for deliveries and therefore created uncertainty as to the exact amount claimed, raising bona fide triable issues; accordingly the Sessions Court's Order granting summary judgment under Order 14 was set aside and the matter remitted for full trial.

Court Disposition

Appeal allowed; Sessions Court order granting summary judgment set aside; matter remitted to Sessions Court for full trial

Orders

  • Set aside Sessions Court Order pursuant to Order 14 Rules of Court 2012 granting summary judgment
  • Remit the case to the Sessions Court to proceed to full trial without delay