Q PUMP MACHINERY SDN BHD [Company No.: 1051177-V] GABONGAN PEMBORONG BUMIPUTRA PERAK BERHAD [Company No.: 25686-A]

Q PUMP MACHINERY SDN BHD [Company No.: 1051177-V] GABONGAN PEMBORONG BUMIPUTRA PERAK BERHAD [Company No.: 25686-A]

Plaintiff met all Order 14 prerequisites and established a prima facie case; defendant failed to discharge the burden to show specific, particularized, bona fide triable issues in affidavit evidence (mere denials unsupported by particulars or documents), and delay was not fatal where no triable issues were demonstrated; defendant was estopped from denying liability on invoices and had accepted delivery, therefore summary judgment should be entered for plaintiff.

Citation
AA-A72NCC-900-10/2019 (Mahkamah Majistret)
Parties
Plaintif: Q Pump Machinery Sdn Bhd; Defendan: Gabongan Pemborong Bumiputra Perak Berhad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 February 2020
Case Number
AA-A72NCC-900-10/2019 (Mahkamah Majistret)
Procedural Posture
Summary Judgment Application Under Order 14 KKM 2012 / Decision on Order 14 Application (judgment)
Outcome
Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff
Legal Topics
Order 14 Summary Judgment, Prima Facie Case, Triable Issue, Estoppel on Invoices, Service of Process, Interest on Judgment
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Order 14 Summary Judgment Prima Facie Case Triable Issue Estoppel on Invoices Service of Process +1 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 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Q Pump Machinery Sdn Bhd

Plaintif

Gabongan Pemborong Bumiputra Perak Berhad

Defendan

Procedural Posture

Summary Judgment Application Under Order 14 KKM 2012 / Decision on Order 14 Application (judgment)

Legal Issues

  1. 1 Whether plaintiff satisfied preliminary requirements under Order 14
  2. 2 Whether plaintiff established a prima facie case for summary judgment
  3. 3 Whether defendant raised bona fide triable issues by affidavit

Ratio Decidendi

Plaintiff met all Order 14 prerequisites and established a prima facie case; defendant failed to discharge the burden to show specific, particularized, bona fide triable issues in affidavit evidence (mere denials unsupported by particulars or documents), and delay was not fatal where no triable issues were demonstrated; defendant was estopped from denying liability on invoices and had accepted delivery, therefore summary judgment should be entered for plaintiff.

Court Disposition

Plaintiff's Order 14 application allowed; summary judgment entered for plaintiff

Orders

  • Judgment entered for the Plaintiff for RM72,190.93
  • Interest at 5% per annum on RM72,190.93 from 14.6.2019 until full settlement