1. ) YO MARKETING SDN. BHD. 2. ) ONG MUN FOO GREAT CORE MARKETING SDN. BHD.

1. ) YO MARKETING SDN. BHD. 2. ) ONG MUN FOO GREAT CORE MARKETING SDN. BHD.

The late payment charges of RM444,273.94 were not proven because of material errors and compounded miscalculations; therefore the Sessions Court's allowance of those charges could not stand. The unpaid invoices of RM78,124.71 were proven and recoverable. Appeal allowed in part: set aside award relating to late payment charges and enter judgment for RM78,124.71 with 5% p.a. interest from date of judgment and costs RM5,000 to appellants.

Citation
PA-12BNCC-2-07/2023 (Mahkamah Tinggi)
Parties
Appellant / 1st Defendant: YO MARKETING SDN. BHD.; Appellant / 2nd Defendant: ONG MUN FOO; Respondent / Plaintiff: GREAT CORE MARKETING SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2024
Case Number
PA-12BNCC-2-07/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court Judgment After Full Trial
Outcome
Appeal allowed in part; Sessions Court judgment set aside insofar as late payment charges; judgment entered for unpaid invoices only
Legal Topics
Breach of Contract, Guarantee and Indemnity, Special Damages, Late Payment Charges and Interest, Estoppel, Miscalculation of Interest
Source Language
Malay/English
Contract Commercial Law Civil Procedure Breach of Contract Guarantee and Indemnity Special Damages Late Payment Charges and Interest Estoppel +1 more

Case Brief

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Parties

YO MARKETING SDN. BHD.

Appellant / 1st Defendant

ONG MUN FOO

Appellant / 2nd Defendant

GREAT CORE MARKETING SDN. BHD.

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court Judgment After Full Trial

Legal Issues

  1. 1 Whether the plaintiff proved the 3% per month late payment charges claimed
  2. 2 Whether the 2nd defendant is liable as guarantor under the Letter of Guarantee and Indemnity
  3. 3 Whether invoices/statements of account were conclusive proof of the sums claimed

Ratio Decidendi

The late payment charges of RM444,273.94 were not proven because of material errors and compounded miscalculations; therefore the Sessions Court's allowance of those charges could not stand. The unpaid invoices of RM78,124.71 were proven and recoverable. Appeal allowed in part: set aside award relating to late payment charges and enter judgment for RM78,124.71 with 5% p.a. interest from date of judgment and costs RM5,000 to appellants.

Court Disposition

Appeal allowed in part; Sessions Court judgment set aside insofar as late payment charges; judgment entered for unpaid invoices only

Orders

  • Appeal allowed in part
  • Set aside Sessions Court judgment insofar as late payment charges were awarded