BUILDCON CONCRETE SDN BHD 1. ) CHINA 1ST METALLURGICAL CONSTRUCTION (M) SDN BHD 2. ) ZHAO HAI

BUILDCON CONCRETE SDN BHD 1. ) CHINA 1ST METALLURGICAL CONSTRUCTION (M) SDN BHD 2. ) ZHAO HAI

D2 signed the Guarantee and the trading application as D1's Managing Director and majority shareholder; there was documentary evidence of the trading account, deliveries and agreed interest; D2 produced no credible evidence of forgery, fraud or account overbilling to create a bona fide triable issue; accordingly...

Source-derived case information.

Citation
WA-22NCC-172-04/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Buildcon Concrete Sdn. Bhd.; 1st Defendant: China 1st Metallurgical Construction (M) Sdn. Bhd.; 2nd Defendant: Zhao Hai
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 November 2022
Case Number
WA-22NCC-172-04/2022 (Mahkamah Tinggi)
Procedural Posture
Debt/guarantee (commercial) / Summary Judgment Application (order 14 Rule 1)
Outcome
Summary judgment entered for Plaintiff against 2nd Defendant
Legal Topics
Guarantee, Trading Account, Summary Judgment, Interest Clause, Estoppel, Delivery of Goods, Account Reconciliation
Commercial Law Contract Guarantee Civil Procedure Debt Recovery Trading Account Summary Judgment Interest Clause +3 more

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Parties

Buildcon Concrete Sdn. Bhd.

Plaintiff

China 1st Metallurgical Construction (M) Sdn. Bhd.

1st Defendant

Zhao Hai

2nd Defendant

Procedural Posture

Debt/guarantee (commercial) / Summary Judgment Application (order 14 Rule 1)

Legal Issues

  1. 1 Whether the 2nd Defendant executed and is liable under the Guarantee as principal debtor
  2. 2 Whether there are bona fide triable issues to defeat summary judgment under Order 14 Rule 1
  3. 3 Whether the interest rate of 1.5% per month was agreed and enforceable

Ratio Decidendi

D2 signed the Guarantee and the trading application as D1's Managing Director and majority shareholder; there was documentary evidence of the trading account, deliveries and agreed interest; D2 produced no credible evidence of forgery, fraud or account overbilling to create a bona fide triable issue; accordingly summary judgment was appropriate and entered for the Plaintiff against D2 for the outstanding sums with interest and costs.

Court Disposition

Summary judgment entered for Plaintiff against 2nd Defendant

Orders

  • Summary judgment entered against 2nd Defendant for principal sum RM 784,690.00 and accrued interest RM 235,706.60 to 31-03-2022
  • Interest to continue at 1.5% per month on the principal sum from 01-04-2022 until full settlement