MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

Contemporaneous documents confirming advice and the issuance of invoices together with unconditional payments by MDSB constituted admission and estoppel of indebtedness; therefore Moore proved a prima facie case and MDSB raised only unsupported afterthought defences, warranting summary judgment for outstanding fees and striking out of MDSB's counterclaim.

Citation
WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Parties
Plaintiff / 3rd Defendant in Counterclaim: Moore Advent Tax Consultants Sdn Bhd; Defendant / Plaintiff in Counterclaim: Menang Development (M) Sdn Bhd; 1st Defendant in Counterclaim: Shun Leong Kwong; 2nd Defendant in Counterclaim: Ong Chong Chee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 January 2023
Case Number
WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Dispute (professional Fees and Counterclaim) / Judgment on Summary Judgment and Striking Out Applications (final Decision)
Outcome
Summary judgment granted for Moore Advent Tax Consultants Sdn Bhd; Menang Development (M) Sdn Bhd's counterclaim struck out
Legal Topics
Summary Judgment, Striking Out (order 18 R 19), Fiduciary Duty, Conspiracy, Admission by Conduct, Professional Fees
Source Language
Malay/English
Contract Civil Procedure Equity (fiduciary Duty) Tort (conspiracy) Summary Judgment Striking Out (order 18 R 19) Fiduciary Duty Conspiracy +2 more

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Parties

Moore Advent Tax Consultants Sdn Bhd

Plaintiff / 3rd Defendant in Counterclaim

Menang Development (M) Sdn Bhd

Defendant / Plaintiff in Counterclaim

Shun Leong Kwong

1st Defendant in Counterclaim

Ong Chong Chee

2nd Defendant in Counterclaim

Procedural Posture

Civil Commercial Dispute (professional Fees and Counterclaim) / Judgment on Summary Judgment and Striking Out Applications (final Decision)

Legal Issues

  1. 1 Whether Menang Development (M) Sdn Bhd is liable for outstanding professional fees to Moore Advent
  2. 2 Whether contemporaneous documents and payments estop MDSB from denying indebtedness
  3. 3 Whether MDSB's counterclaim alleging breach of fiduciary duty and conspiracy discloses a reasonable cause of action

Ratio Decidendi

Contemporaneous documents confirming advice and the issuance of invoices together with unconditional payments by MDSB constituted admission and estoppel of indebtedness; therefore Moore proved a prima facie case and MDSB raised only unsupported afterthought defences, warranting summary judgment for outstanding fees and striking out of MDSB's counterclaim.

Court Disposition

Summary judgment granted for Moore Advent Tax Consultants Sdn Bhd; Menang Development (M) Sdn Bhd's counterclaim struck out

Orders

  • Summary judgment entered against Menang Development (M) Sdn Bhd for outstanding professional fees of RM533600
  • Counterclaim by Menang Development (M) Sdn Bhd struck out in its entirety