CONTRAVES SDN BHD BOUSTEAD NAVAL SHIPYARD SDN BHD

CONTRAVES SDN BHD BOUSTEAD NAVAL SHIPYARD SDN BHD

The court held the lease clauses clearly imposed liability on the defendant for unpaid invoices, reinstatement costs and contractual interest; the defendant's filings amounted to bare denials and did not raise bona fide triable issues; only four invoices were time-barred and were deducted, therefore summary judgment was appropriate for the adjusted sum with interest and costs.

Citation
WA-22NCvC-113-02/2022 (Mahkamah Tinggi)
Parties
Defendant / Appellant: Boustead Naval Shipyard Sdn Bhd; Plaintiff / Respondent: Contraves Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 November 2022
Case Number
WA-22NCvC-113-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Lease Dispute (summary Judgment Application) / High Court Judgment on Summary Judgment Application
Outcome
Summary judgment granted in part for the Plaintiff (Respondent). Four time-barred invoices disallowed; remaining claim allowed.
Legal Topics
Summary Judgment, Breach of Lease Agreement, Late Payment Interest, Limitation (statute of Limitations), Reinstatement Costs, Costs, Judgment Debt
Source Language
Malay/English
Contract Commercial Law Civil Procedure Property (lease) Summary Judgment Breach of Lease Agreement Late Payment Interest Limitation (statute of Limitations) +3 more

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Parties

Boustead Naval Shipyard Sdn Bhd

Defendant / Appellant

Contraves Sdn Bhd

Plaintiff / Respondent

Procedural Posture

Civil Lease Dispute (summary Judgment Application) / High Court Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is liable to pay reinstatement costs under the lease agreement
  2. 2 Whether limitation (Limitation Act 1953) bars certain invoices
  3. 3 Whether plaintiff is entitled to late payment interest under clause 14

Ratio Decidendi

The court held the lease clauses clearly imposed liability on the defendant for unpaid invoices, reinstatement costs and contractual interest; the defendant's filings amounted to bare denials and did not raise bona fide triable issues; only four invoices were time-barred and were deducted, therefore summary judgment was appropriate for the adjusted sum with interest and costs.

Court Disposition

Summary judgment granted in part for the Plaintiff (Respondent). Four time-barred invoices disallowed; remaining claim allowed.

Orders

  • Judgment entered for the Plaintiff (Respondent) in the sum of MYR 1,559,540.54 against the Defendant payable to the Plaintiff
  • Interest at 5% per annum awarded on the judgment sum (as stated in judgment)