ISB ELECTRICAL SDN BHD FULL TECH POWER ENGINEERING SDN BHD

ISB ELECTRICAL SDN BHD FULL TECH POWER ENGINEERING SDN BHD

The plaintiff satisfied the preliminary requirements for summary judgment and produced contemporaneous documentary evidence of 184 transactions; the defendant's claims of defective goods and missing stamps were bare denials and afterthoughts without particulars or documentary support and did not amount to bona fide triable issues. Consequently there was no real defence and summary judgment was properly entered for the plaintiff; the appeal was dismissed and the Sessions Court decision affirmed.

Citation
BA-12ANCC-25-03/2021 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Full Tech Power Engineering Sdn Bhd; Respondent / Plaintiff: ISB Electrical Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 May 2021
Case Number
BA-12ANCC-25-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / Hearing on Appeal (re Hearing of Striking Out/summary Judgment)
Outcome
Appeal dismissed; decision of Sessions Court affirmed
Legal Topics
Summary Judgment, Goods Sold and Delivered, Delivery Orders, Defective Goods / Merchantable Quality, Triable Issue, Burden of Proof, Order 14 Rules of Court 2012
Source Language
Malay/English
Civil Procedure Contract Law Commercial Law Summary Judgment Goods Sold and Delivered Delivery Orders Defective Goods / Merchantable Quality Triable Issue +2 more

Case Brief

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Parties

Full Tech Power Engineering Sdn Bhd

Appellant / Defendant

ISB Electrical Sdn Bhd

Respondent / Plaintiff

Procedural Posture

Civil Appeal (summary Judgment) / Hearing on Appeal (re Hearing of Striking Out/summary Judgment)

Legal Issues

  1. 1 Whether the defendant raised any bona fide triable issue to resist summary judgment
  2. 2 Whether the goods supplied were defective, unmerchantable or unfit for purpose
  3. 3 Whether delivery was sufficiently proved despite absence of signatures/stamps on some delivery orders

Ratio Decidendi

The plaintiff satisfied the preliminary requirements for summary judgment and produced contemporaneous documentary evidence of 184 transactions; the defendant's claims of defective goods and missing stamps were bare denials and afterthoughts without particulars or documentary support and did not amount to bona fide triable issues. Consequently there was no real defence and summary judgment was properly entered for the plaintiff; the appeal was dismissed and the Sessions Court decision affirmed.

Court Disposition

Appeal dismissed; decision of Sessions Court affirmed

Orders

  • Appeal dismissed and decision of the Sessions Court affirmed
  • Summary judgment entered in favour of ISB Electrical Sdn Bhd for RM 802,868.36