AT Engineering Solution Sdn Bhd Rank Electronics Sdn Bhd

AT Engineering Solution Sdn Bhd Rank Electronics Sdn Bhd

Plaintiff's claim was dismissed because the sole relied exhibit (P2) did not disclose required particulars or supporting bills for electricity and water, contained inconsistencies with the pleaded rent amount, and therefore plaintiff failed to discharge the burden of proof and was bound by its pleadings.

Citation
PA-A72NCvC-430-08/2021 (Mahkamah Majistret)
Parties
Plaintiff: AT ENGINEERING SOLUTION SDN BHD; Defendant: RANK ELECTRONICS SDN BHD
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
24 February 2023
Case Number
PA-A72NCvC-430-08/2021 (Mahkamah Majistret)
Procedural Posture
Civil Claim for Unpaid Rent and Utilities / Appeal Judgment From Magistrates' Court
Outcome
Claim dismissed with costs
Legal Topics
Unpaid Rent, Utility Bills, Burden of Proof, Pleadings, Liquidated Claim, Interest
Source Language
Malay/English
Contract Landlord and Tenant Civil Procedure Evidence Unpaid Rent Utility Bills Burden of Proof Pleadings +2 more

Case Brief

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Parties

AT ENGINEERING SOLUTION SDN BHD

Plaintiff

RANK ELECTRONICS SDN BHD

Defendant

Procedural Posture

Civil Claim for Unpaid Rent and Utilities / Appeal Judgment From Magistrates' Court

Legal Issues

  1. 1 Whether plaintiff proved claim for unpaid rent and utilities
  2. 2 Whether the Debtor Statement (Exhibit P2) constituted adequate evidence for the pleaded items
  3. 3 Whether inconsistencies between pleadings and evidence prejudiced the defendant

Ratio Decidendi

Plaintiff's claim was dismissed because the sole relied exhibit (P2) did not disclose required particulars or supporting bills for electricity and water, contained inconsistencies with the pleaded rent amount, and therefore plaintiff failed to discharge the burden of proof and was bound by its pleadings.

Court Disposition

Claim dismissed with costs

Orders

  • Claim dismissed with costs