TULANE SDN BHD MHH DYNAMIC RESOURCES

TULANE SDN BHD MHH DYNAMIC RESOURCES

The High Court affirmed the Sessions Court: the plaintiff established delivery and entitlement to RM175,000 by contemporaneous documents and part payments; the defendant's pleaded defence and allegations of mistaken payment were unsupported, amounted to an afterthought and did not disclose any triable issue; therefore summary judgment under Order 14 was properly entered and the appeal was dismissed.

Citation
BA-12ANCC-66-12/2022 (Mahkamah Tinggi)
Parties
Perayu (defendan) / Appellant Defendant: Tulane Sdn Bhd; Responden (plaintif) / Respondent Plaintiff: MHH Dynamic Resources
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 April 2023
Case Number
BA-12ANCC-66-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (interlocutory Application) / High Court Appellate Hearing of Order 14 Summary Judgment Decision From Sessions Court
Outcome
Appeal dismissed; Sessions Court interlocutory summary judgment for the respondent affirmed; costs awarded to respondent.
Legal Topics
Summary Judgment (order 14 ROC 2012), Goods Sold and Delivered, Liquidated Debt, Triable Issues, Appellate Review of Findings of Fact
Source Language
Malay/English
Civil Procedure Contract Law Construction Law Commercial Law Summary Judgment (order 14 ROC 2012) Goods Sold and Delivered Liquidated Debt Triable Issues +1 more

Case Brief

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Parties

Tulane Sdn Bhd

Perayu (defendan) / Appellant Defendant

MHH Dynamic Resources

Responden (plaintif) / Respondent Plaintiff

Procedural Posture

Civil Appeal (interlocutory Application) / High Court Appellate Hearing of Order 14 Summary Judgment Decision From Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court erred in granting summary judgment under Order 14
  2. 2 Whether there existed triable issues as to delivery of goods and acceptance at project site
  3. 3 Whether payments made by defendant were mistaken and give rise to a counterclaim

Ratio Decidendi

The High Court affirmed the Sessions Court: the plaintiff established delivery and entitlement to RM175,000 by contemporaneous documents and part payments; the defendant's pleaded defence and allegations of mistaken payment were unsupported, amounted to an afterthought and did not disclose any triable issue; therefore summary judgment under Order 14 was properly entered and the appeal was dismissed.

Court Disposition

Appeal dismissed; Sessions Court interlocutory summary judgment for the respondent affirmed; costs awarded to respondent.

Orders

  • Appeal dismissed with costs
  • Interlocutory judgment entered for the Respondent for the outstanding sum of RM175,000.00 affirmed