Buildcon Concrete Sdn Bhd 1. Mammoth Empire Construction Sdn Bhd 2, Ng Yee Teck 3. Cheah Joi Yong

Buildcon Concrete Sdn Bhd 1. Mammoth Empire Construction Sdn Bhd 2, Ng Yee Teck 3. Cheah Joi Yong

Plaintiff failed to demonstrate with sufficient clarity the calculation and reconciliation of the Claimed Sum and the terms/effect of the alleged compromise/offtake arrangement discussed at the August 2018 meeting raise triable issues requiring oral evidence; therefore summary judgment under Order 14 is not appropriate and the application is dismissed; costs RM5,000 awarded to defendants.

Citation
22NCC-446-09/2020 (Mahkamah Tinggi)
Parties
Plaintiff: BUILDCON CONCRETE SDN BHD; 1st Defendant: MAMMOTH EMPIRE CONSTRUCTION SDN BHD; 2nd Defendant: NG YEE TECK; 3rd Defendant: CHEAH JOI YONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 April 2021
Case Number
22NCC-446-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment Application Under Order 14 ROC 2012 / Decision on Summary Judgment Application (application Dismissed)
Outcome
Summary judgment application dismissed
Legal Topics
Summary Judgment, Calculation of Claimed Sum, Compromise/settlement Agreement, Guarantor Liability, Estoppel, Offtake Set Off, Triable Issues
Source Language
Malay/English
Contract Civil Procedure Debt Recovery Guarantee Set Off Summary Judgment Calculation of Claimed Sum Compromise/settlement Agreement +4 more

Case Brief

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Parties

BUILDCON CONCRETE SDN BHD

Plaintiff

MAMMOTH EMPIRE CONSTRUCTION SDN BHD

1st Defendant

NG YEE TECK

2nd Defendant

CHEAH JOI YONG

3rd Defendant

Procedural Posture

Civil Suit Summary Judgment Application Under Order 14 ROC 2012 / Decision on Summary Judgment Application (application Dismissed)

Legal Issues

  1. 1 Whether the Claimed Sum was clearly and definitively ascertained and supported by particulars
  2. 2 Whether a compromise/offtake arrangement was reached at the August 2018 meeting affecting liability and calculation of the debt
  3. 3 Whether the 2nd and 3rd defendants, as guarantors, can raise the same defenses as the 1st defendant

Ratio Decidendi

Plaintiff failed to demonstrate with sufficient clarity the calculation and reconciliation of the Claimed Sum and the terms/effect of the alleged compromise/offtake arrangement discussed at the August 2018 meeting raise triable issues requiring oral evidence; therefore summary judgment under Order 14 is not appropriate and the application is dismissed; costs RM5,000 awarded to defendants.

Court Disposition

Summary judgment application dismissed

Orders

  • Summary judgment application in Enclosure 30 dismissed
  • Plaintiff to pay costs of RM5000 to the Defendants