CIMACO READYMIX SDN BHD v V L HONG ENTERPRISE SDN BHD

CIMACO READYMIX SDN BHD v V L HONG ENTERPRISE SDN BHD

The appeal was allowed because the defence and facts (alleged defective goods, existence and terms of a compromise including a RM50,000 rebate, alleged instalment arrangement, payments accepted and alleged misrepresentation) raised triable issues that could not properly be determined on summary judgment; summary judgment was therefore set aside and the matter remitted for trial.

Citation
CIMACO READYMIX SDN BHD v V L HONG ENTERPRISE SDN BHD
Parties
Plaintiff/respondent: CIMACO READYMIX SDN. BHD.; Defendant/appellant: L. HONG ENTERPRISE SDN. BHD.
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Civil Suit Summary Judgment / Appeal From Senior Assistant Registrar Summary Judgment; Heard in Open Court
Outcome
Appeal allowed; summary judgment set aside; matter remitted for trial; costs awarded to appellant
Legal Topics
Summary Judgment, Counterclaim, Goods Sold and Delivered, Settlement and Compromise, Triable Issues, Estoppel
Source Language
en
Civil Procedure Contract Estoppel Misrepresentation Summary Judgment Counterclaim Goods Sold and Delivered Settlement and Compromise +1 more

Case Brief

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Parties

CIMACO READYMIX SDN. BHD.

Plaintiff/respondent

L. HONG ENTERPRISE SDN. BHD.

Defendant/appellant

Procedural Posture

Civil Suit Summary Judgment / Appeal From Senior Assistant Registrar Summary Judgment; Heard in Open Court

Legal Issues

  1. 1 Whether the defence raises triable issues on alleged defective goods
  2. 2 Whether a settlement/compromise existed and whether it comprised two or three terms
  3. 3 Whether the plaintiff is estopped from suing on the original contract

Ratio Decidendi

The appeal was allowed because the defence and facts (alleged defective goods, existence and terms of a compromise including a RM50,000 rebate, alleged instalment arrangement, payments accepted and alleged misrepresentation) raised triable issues that could not properly be determined on summary judgment; summary judgment was therefore set aside and the matter remitted for trial.

Court Disposition

Appeal allowed; summary judgment set aside; matter remitted for trial; costs awarded to appellant

Orders

  • Appeal allowed
  • Summary judgment set aside