POLYSTAR OSIX AB GUNTONG TECHNOLOGIES HOLDING SDN BHD

POLYSTAR OSIX AB GUNTONG TECHNOLOGIES HOLDING SDN BHD

Defendant's contemporaneous email proposing a payment reschedule objectively acknowledged indebtedness including the contested invoice dated 1.4.2019; Defendant failed to raise any bona fide triable issue on unsatisfactory performance or service period to defeat the Order 14 application; the counterclaim is independent and does not bar summary judgment; therefore summary judgment was properly entered and affirmed on appeal.

Citation
BA-12ANCVC-25-03/2021 (Mahkamah Tinggi)
Parties
Appellant / Defendant: GUNTONG TECHNOLOGIES HOLDINGS SDN BHD; Respondent / Plaintiff: POLYSTAR OSIX AB
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 May 2021
Case Number
BA-12ANCVC-25-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal Against Sessions Court Summary Judgment (re Hearing of Summary Judgment Application)
Outcome
Appeal dismissed; Sessions Court summary judgment affirmed
Legal Topics
Summary Judgment, Counterclaim, Acknowledgement of Debt, Service Agreement, Payment Rescheduling
Source Language
Malay/English
Contract Civil Procedure Commercial Law Debt Recovery Summary Judgment Counterclaim Acknowledgement of Debt Service Agreement +1 more

Case Brief

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Parties

GUNTONG TECHNOLOGIES HOLDINGS SDN BHD

Appellant / Defendant

POLYSTAR OSIX AB

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appeal Against Sessions Court Summary Judgment (re Hearing of Summary Judgment Application)

Legal Issues

  1. 1 Whether the Defendant raised any bona fide triable issue to defeat the Plaintiff's summary judgment application
  2. 2 Whether the services claimed were rendered after the alleged service period and therefore not payable
  3. 3 Whether alleged unsatisfactory performance constitutes a defence or set-off sufficient to defeat summary judgment

Ratio Decidendi

Defendant's contemporaneous email proposing a payment reschedule objectively acknowledged indebtedness including the contested invoice dated 1.4.2019; Defendant failed to raise any bona fide triable issue on unsatisfactory performance or service period to defeat the Order 14 application; the counterclaim is independent and does not bar summary judgment; therefore summary judgment was properly entered and affirmed on appeal.

Court Disposition

Appeal dismissed; Sessions Court summary judgment affirmed

Orders

  • Appeal dismissed and Sessions Court decision affirmed
  • Defendant to pay costs of RM 2,000 to the Plaintiff