MUHAMMAD MUZHAFFAR BIN MURSHID 1. ) HAMWOO TRADING 2. ) MD FIRDAUS BIN MOHD MOKHHANI

MUHAMMAD MUZHAFFAR BIN MURSHID 1. ) HAMWOO TRADING 2. ) MD FIRDAUS BIN MOHD MOKHHANI

The defendants failed to raise a bona fide triable issue on affidavit: the payments shortly after investment were properly characterised as agreed profit payments under clause 1(c) not capital refunds; defendants produced no contemporaneous evidence of business losses to invoke clause 1(d); the plaintiff paid on the 2nd defendant's instruction into an account connected to him; accordingly no defence fit for trial existed and summary judgment was correctly entered for the plaintiff.

Citation
BL-12ANCvC-11-09/2022 (Mahkamah Tinggi)
Parties
Plaintiff / Appellant: Muhammad Muzhaffar bin Murshid; 1st Defendant / Respondent: Hanwoo Trading (1168452-V); 2nd Defendant / Respondent: Md Firdaus bin Mohd Mokhani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2023
Case Number
BL-12ANCvC-11-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Dismissal of Summary Judgment Application / High Court Hearing on Appeal From Sessions Court (summary Judgment)
Outcome
Appeal allowed; Summary judgment entered in favour of the plaintiff against the defendants; costs awarded to the plaintiff.
Legal Topics
Summary Judgment (order 14), Repayment of Investment / Breach of Agreement, Proof and Burden of Loss Under Contract, Affidavit Evidence and Triable Issues
Source Language
Malay/English
Contract Law Civil Procedure Evidence Law Summary Judgment (order 14) Repayment of Investment / Breach of Agreement Proof and Burden of Loss Under Contract Affidavit Evidence and Triable Issues

Case Brief

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Parties

Muhammad Muzhaffar bin Murshid

Plaintiff / Appellant

Hanwoo Trading (1168452-V)

1st Defendant / Respondent

Md Firdaus bin Mohd Mokhani

2nd Defendant / Respondent

Procedural Posture

Civil Appeal Against Dismissal of Summary Judgment Application / High Court Hearing on Appeal From Sessions Court (summary Judgment)

Legal Issues

  1. 1 Whether the defendants raised a bona fide triable issue to defeat summary judgment under O.14
  2. 2 Whether payments made by the defendants were repayments of capital or periodic profit under the agreement
  3. 3 Whether defendants discharged burden to prove business losses under clause 1(d)

Ratio Decidendi

The defendants failed to raise a bona fide triable issue on affidavit: the payments shortly after investment were properly characterised as agreed profit payments under clause 1(c) not capital refunds; defendants produced no contemporaneous evidence of business losses to invoke clause 1(d); the plaintiff paid on the 2nd defendant's instruction into an account connected to him; accordingly no defence fit for trial existed and summary judgment was correctly entered for the plaintiff.

Court Disposition

Appeal allowed; Summary judgment entered in favour of the plaintiff against the defendants; costs awarded to the plaintiff.

Orders

  • Appeal by plaintiff allowed
  • Summary judgment entered against the 1st and 2nd defendants in favour of the plaintiff