API PRECAST MARKETING SDN. BHD. (NO. SYARIKAT : 770700-A) 1. HOCK HENG PILING & CONSTRUCTION SDN. BHD. (NO. SYARIKAT : 467588-V) 2. LIM CHIN SIANG (NO. K/P : 730809-10-5785) 3. LIM SOON HENG (NO. K/P : 720723-14-5437)

API PRECAST MARKETING SDN. BHD. (NO. SYARIKAT : 770700-A) 1. HOCK HENG PILING & CONSTRUCTION SDN. BHD. (NO. SYARIKAT : 467588-V) 2. LIM CHIN SIANG (NO. K/P : 730809-10-5785) 3. LIM SOON HENG (NO. K/P : 720723-14-5437)

The plaintiff satisfied Order 14 preliminary requirements and produced clear documentary evidence (POs, DOs, invoices, statements of account and facility/guarantee) establishing indebtedness and an enforceable 1.5% monthly interest term; the defendants failed to produce evidence of fraud or any genuine triable issue (their denials were bare and unsubstantiated), so summary judgment was appropriate and entered for the plaintiff.

Citation
BA-22NCC-84-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: API PRECAST MARKETING SDN. BHD.; 1st Defendant: HOCK HENG PILING & CONSTRUCTION SDN. BHD.; 2nd Defendant: LIM CHIN SIANG; 3rd Defendant: LIM SOON HENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 February 2020
Case Number
BA-22NCC-84-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Debt Recovery for Goods Sold and Delivered With Claim on Personal Guarantees / Application for Summary Judgment Under Order 14 Rules of Court 2012; Judgment Delivered
Outcome
Summary judgment entered for the Plaintiff against the 1st, 2nd and 3rd Defendants
Legal Topics
Summary Judgment, Personal Guarantee and Indemnity, Goods Sold and Delivered, Account Stated Estoppel, Interest on Late Payment, Triable Issue Threshold
Source Language
Malay/English
Contract Commercial Law Civil Procedure Debt Recovery Summary Judgment Personal Guarantee and Indemnity Goods Sold and Delivered Account Stated Estoppel +2 more

Case Brief

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Parties

API PRECAST MARKETING SDN. BHD.

Plaintiff

HOCK HENG PILING & CONSTRUCTION SDN. BHD.

1st Defendant

LIM CHIN SIANG

2nd Defendant

LIM SOON HENG

3rd Defendant

Procedural Posture

Civil Commercial Debt Recovery for Goods Sold and Delivered With Claim on Personal Guarantees / Application for Summary Judgment Under Order 14 Rules of Court 2012; Judgment Delivered

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case under Order 14 ROC
  2. 2 Whether documents (PO, DO, invoices, statements of account) prove indebtedness for goods sold and delivered
  3. 3 Whether the personal guarantee binds the 2nd and 3rd defendants

Ratio Decidendi

The plaintiff satisfied Order 14 preliminary requirements and produced clear documentary evidence (POs, DOs, invoices, statements of account and facility/guarantee) establishing indebtedness and an enforceable 1.5% monthly interest term; the defendants failed to produce evidence of fraud or any genuine triable issue (their denials were bare and unsubstantiated), so summary judgment was appropriate and entered for the plaintiff.

Court Disposition

Summary judgment entered for the Plaintiff against the 1st, 2nd and 3rd Defendants

Orders

  • Summary judgment entered for the Plaintiff against the 1st, 2nd and 3rd Defendants
  • Judgment for the sums claimed in the writ including principal RM2,243,060.50 and late interest RM1,057,802.07 as pleaded