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

Unconditional payments on invoices that reference the engagement, together with contemporaneous documents evidencing the advice rendered, established a prima facie case of liability; MDSB's denials were inconsistent with those documents and payments and thus failed to raise a real defence, warranting summary judgment for the plaintiff and striking out of the counterclaim.

Citation
WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Parties
Plaintiff in Main Action; 3rd Defendant in Counterclaim: Moore Advent Tax Consultants Sdn Bhd; Defendant in Main Action; 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 Division, Ncc) / Judgment on Summary Judgment and Striking Out Applications
Outcome
Summary judgment allowed for plaintiff; counterclaim struck out
Legal Topics
Summary Judgment, Striking Out, Professional Fees, Breach of Fiduciary Duty, Conspiracy, Estoppel, Admission by Payment
Source Language
Malay/English
Contract Civil Procedure Equity and Trusts Tort Summary Judgment Striking Out Professional Fees Breach of Fiduciary Duty +3 more

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Parties

Moore Advent Tax Consultants Sdn Bhd

Plaintiff in Main Action; 3rd Defendant in Counterclaim

Menang Development (M) Sdn Bhd

Defendant in Main Action; Plaintiff in Counterclaim

Shun Leong Kwong

1st Defendant in Counterclaim

Ong Chong Chee

2nd Defendant in Counterclaim

Procedural Posture

Civil (commercial Division, Ncc) / Judgment on Summary Judgment and Striking Out Applications

Legal Issues

  1. 1 Whether summary judgment should be granted for unpaid professional fees
  2. 2 Whether the counterclaim discloses a reasonable cause of action for breach of fiduciary duty and conspiracy
  3. 3 Whether payments and contemporaneous documents constitute admission of debt estopping denial

Ratio Decidendi

Unconditional payments on invoices that reference the engagement, together with contemporaneous documents evidencing the advice rendered, established a prima facie case of liability; MDSB's denials were inconsistent with those documents and payments and thus failed to raise a real defence, warranting summary judgment for the plaintiff and striking out of the counterclaim.

Court Disposition

Summary judgment allowed for plaintiff; counterclaim struck out

Orders

  • Summary judgment granted in favour of Moore Advent Tax Consultants Sdn Bhd against Menang Development (M) Sdn Bhd for outstanding professional fees of RM533,600
  • Counterclaim by Menang Development (M) Sdn Bhd struck out