C.M.K.R. SDN. BHD. FAST AID MEDICAL (M) SDN BHD & 2 LG

C.M.K.R. SDN. BHD. FAST AID MEDICAL (M) SDN BHD & 2 LG

On the balance of probabilities the court found genuine disputes of fact—particularly whether the alleged admissions (invoices and Letter of Undertaking) amounted to an unequivocal admission of all components of the plaintiff's cause of action—therefore Order 27 r.3 did not apply and the summary application was dismissed.

Citation
WA-B52NCvC-138-04/2020 (Mahkamah Sesyen)
Parties
Plaintif: C.M.K.R. Sdn. Bhd.; Defendan Pertama: Fast Aid Medical (M) Sdn Bhd; Defendan Kedua: Nanda Kumar a/l Ranganathan
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 September 2020
Case Number
WA-B52NCvC-138-04/2020 (Mahkamah Sesyen)
Procedural Posture
Debt/contract Claim for Unpaid Invoices / Application Under Order 27 R.3 (judgment on Admission) Dismissed; Full Trial Scheduled
Outcome
Application under Order 27 r.3 dismissed
Legal Topics
Order 27 R.3 Admissions, Letter of Undertaking, Burden of Proof, Summary Judgment, Defence of Defective/incomplete Performance
Source Language
Malay/English
Contract Law Civil Procedure Evidence Law Company Law Order 27 R.3 Admissions Letter of Undertaking Burden of Proof Summary Judgment +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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

C.M.K.R. Sdn. Bhd.

Plaintif

Fast Aid Medical (M) Sdn Bhd

Defendan Pertama

Nanda Kumar a/l Ranganathan

Defendan Kedua

Procedural Posture

Debt/contract Claim for Unpaid Invoices / Application Under Order 27 R.3 (judgment on Admission) Dismissed; Full Trial Scheduled

Legal Issues

  1. 1 Whether an unequivocal admission existed sufficient to found judgment under Order 27 r.3
  2. 2 Whether the Letter of Undertaking constituted a personal admission by the director
  3. 3 Whether disputed facts and mixed questions of fact and law exist requiring full trial

Ratio Decidendi

On the balance of probabilities the court found genuine disputes of fact—particularly whether the alleged admissions (invoices and Letter of Undertaking) amounted to an unequivocal admission of all components of the plaintiff's cause of action—therefore Order 27 r.3 did not apply and the summary application was dismissed.

Court Disposition

Application under Order 27 r.3 dismissed

Orders

  • Application dismissed
  • Costs of RM1000.00 to be paid by Plaintiff to Defendants