IOSTACS (M) SDN BHD UAT AIR CONDITIONING SDN BHD

IOSTACS (M) SDN BHD UAT AIR CONDITIONING SDN BHD

Plaintiff met the Order 14 requirements and established a prima facie case; defendant failed to show any substantive triable issue — its fraud and fiduciary breach allegations were bare, unrelated to the contract claim and unsupported by evidence — therefore summary judgment was appropriate and the appeal is dismissed.

Citation
WA-12ANCvC-238-08/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: IOTACS (M) SDN BHD; Respondent / Plaintiff: UAT AIR CONDITIONING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 July 2023
Case Number
WA-12ANCvC-238-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment (order 14 Roc)
Outcome
Appeal dismissed; Sessions Court order affirmed
Legal Topics
Summary Judgment, Non Payment for Services, Fiduciary Duty, Fraud Allegation, Admissibility of Documents, Purchase Orders and Invoicing
Source Language
Malay/English
Contract Civil Procedure Company Law Equity Summary Judgment Non Payment for Services Fiduciary Duty Fraud Allegation +2 more

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Parties

IOTACS (M) SDN BHD

Appellant / Defendant

UAT AIR CONDITIONING SDN BHD

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment (order 14 Roc)

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment under Order 14 of the Rules of Court 2012
  2. 2 Whether the defendant raised a triable issue (fraud, breach of fiduciary duty, internal disputes) that precludes summary judgment
  3. 3 Whether the services were undisputed and payment is owing

Ratio Decidendi

Plaintiff met the Order 14 requirements and established a prima facie case; defendant failed to show any substantive triable issue — its fraud and fiduciary breach allegations were bare, unrelated to the contract claim and unsupported by evidence — therefore summary judgment was appropriate and the appeal is dismissed.

Court Disposition

Appeal dismissed; Sessions Court order affirmed

Orders

  • Appeal dismissed with costs of RM4,500.00 subject to allocator's fee
  • Order of the Sessions Court affirmed