PEN EXPRESS WORLDWIDE (M) SDN BHD ASIA GLOBAL TOTAL LOGISTICS SDN BHD

PEN EXPRESS WORLDWIDE (M) SDN BHD ASIA GLOBAL TOTAL LOGISTICS SDN BHD

Documentary evidence and email correspondence established that the claimant provided services to and invoiced the defendant, the particulars in the statement of claim matched the exhibited invoices, and the defendant produced only bare, unparticularised denials which did not disclose a fairly arguable defence or a bona fide triable issue; accordingly the High Court dismissed the appeal and upheld the Sessions Court's summary judgment under Order 14.

Citation
PA-12ANCC-5-05/2023 (Mahkamah Tinggi)
Parties
Appellant / Perayu: PEN EXPRESS WORLDWIDE (M) SDN BHD; Respondent / Responden: ASIA GLOBAL TOTAL LOGISTICS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2024
Case Number
PA-12ANCC-5-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / Judgment (high Court)
Outcome
Appeal dismissed; summary judgment of the Sessions Court upheld
Legal Topics
Summary Judgment, Order 14, Triable Issue, Fairly Arguable Defence, Invoices, Interest, Admissions by Conduct
Source Language
Malay/English
Civil Procedure Contract Commercial Law Debt Recovery Evidence Summary Judgment Order 14 Triable Issue +4 more

Case Brief

Summary, issues, holding and outcome

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Parties

PEN EXPRESS WORLDWIDE (M) SDN BHD

Appellant / Perayu

ASIA GLOBAL TOTAL LOGISTICS SDN BHD

Respondent / Responden

Procedural Posture

Civil Appeal (summary Judgment) / Judgment (high Court)

Legal Issues

  1. 1 Whether the Sessions Court correctly entered summary judgment under Order 14
  2. 2 Whether the defendant disclosed a triable issue or other reason for a trial
  3. 3 Whether the invoices were issued to the defendant and services were provided to the defendant

Ratio Decidendi

Documentary evidence and email correspondence established that the claimant provided services to and invoiced the defendant, the particulars in the statement of claim matched the exhibited invoices, and the defendant produced only bare, unparticularised denials which did not disclose a fairly arguable defence or a bona fide triable issue; accordingly the High Court dismissed the appeal and upheld the Sessions Court's summary judgment under Order 14.

Court Disposition

Appeal dismissed; summary judgment of the Sessions Court upheld

Orders

  • Appeal dismissed and Sessions Court summary judgment upheld
  • Respondent (appellant in appeal) Pen Express Worldwide (M) Sdn Bhd ordered to pay claimant Asia Global Total Logistics Sdn Bhd costs of MYR 7000 by 23.5.2024; costs subject to allocatur