AXISJAYA SDN BHD YEE TUCK SING

AXISJAYA SDN BHD YEE TUCK SING

The High Court found the respondent had established a prima facie case and the appellant failed to raise a triable issue; accordingly summary judgment for the outstanding balance of RM586,239.06 (with 5% p.a. interest from filing and costs RM4,000) was affirmed, but the separate award of RM220,000 for dishonoured cheques (and its statutory interest and protest costs) was set aside because it would duplicate the outstanding sum and unjustly enrich the respondent.

Citation
BA-12ANCVC-206-12/2019 (Mahkamah Tinggi)
Parties
Appellant / 1st Defendant: AXISJAYA SDN BHD; Respondent / Plaintiff: YEE TUCK SING; 2nd Defendant (original Suit): HOE TZE FOOK
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 September 2020
Case Number
BA-12ANCVC-206-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (high Court)
Outcome
Appeal allowed in part: affirmed summary judgment for outstanding balance; set aside separate award for dishonoured cheques; no order as to costs.
Legal Topics
Summary Judgment, Order 14 Rules of Court 2012, Dishonoured Cheques, Unjust Enrichment, Interest, Costs
Source Language
Malay/English
Employment Contract Civil Procedure Debt Recovery Company Law Summary Judgment Order 14 Rules of Court 2012 Dishonoured Cheques +3 more

Case Brief

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Parties

AXISJAYA SDN BHD

Appellant / 1st Defendant

YEE TUCK SING

Respondent / Plaintiff

HOE TZE FOOK

2nd Defendant (original Suit)

Procedural Posture

Civil Appeal / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the plaintiff/respondent established a prima facie case for summary judgment under Order 14
  2. 2 Whether the defendant/appellant raised a triable issue to defeat summary judgment (alleged unsatisfactory handing over)
  3. 3 Whether awarding the amount of dishonoured cheques in addition to the outstanding balance would result in unjust enrichment

Ratio Decidendi

The High Court found the respondent had established a prima facie case and the appellant failed to raise a triable issue; accordingly summary judgment for the outstanding balance of RM586,239.06 (with 5% p.a. interest from filing and costs RM4,000) was affirmed, but the separate award of RM220,000 for dishonoured cheques (and its statutory interest and protest costs) was set aside because it would duplicate the outstanding sum and unjustly enrich the respondent.

Court Disposition

Appeal allowed in part: affirmed summary judgment for outstanding balance; set aside separate award for dishonoured cheques; no order as to costs.

Orders

  • Affirmed: Appellant/1st Defendant to pay Respondent/Plaintiff RM 586,239.06 and interest at 5% per annum on RM 586,239.06 from date of filing of the Writ of Summons and Statement of Claim until full and final settlement.
  • Affirmed: Appellant/1st Defendant to pay Respondent/Plaintiff costs of RM 4,000.00.