CELCOMDIGI MOBILE SDN BHD KHOO KAH GENG

CELCOMDIGI MOBILE SDN BHD KHOO KAH GENG

Plaintiff's contemporaneous transaction records (Exhibit A-2) proved the defendant's liability for unpaid customer payments totaling RM74,024.00; the defendant failed to adduce substantive evidence to rebut those records or raise a bona fide triable issue, therefore summary judgment was appropriate and entered for the plaintiff with interest and costs.

Citation
AJ-A72NCC-72-08/2025 (Mahkamah Majistret)
Parties
Plaintiff: CelcomDigi Mobile Sdn Bhd; Defendant: Khoo Kah Geng
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 March 2026
Case Number
AJ-A72NCC-72-08/2025 (Mahkamah Majistret)
Procedural Posture
Civil Claim Debt Recovery (order 14 Application Under Rules of Court 2012) / Summary Judgment Hearing (application Under Order 14)
Outcome
Application for summary judgment allowed in part for plaintiff.
Legal Topics
Summary Judgment, Order 14 Rules of Court 2012, Documentary Evidence, Account Reconciliation, Burden of Proof
Source Language
Malay/English
Civil Procedure Contract Commercial Law Debt Recovery Evidence Summary Judgment Order 14 Rules of Court 2012 Documentary Evidence +2 more

Case Brief

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Parties

CelcomDigi Mobile Sdn Bhd

Plaintiff

Khoo Kah Geng

Defendant

Procedural Posture

Civil Claim Debt Recovery (order 14 Application Under Rules of Court 2012) / Summary Judgment Hearing (application Under Order 14)

Legal Issues

  1. 1 Existence of debt owed by defendant to plaintiff
  2. 2 Delay in filing summary judgment application
  3. 3 Discrepancy in amount claimed and reconciliation

Ratio Decidendi

Plaintiff's contemporaneous transaction records (Exhibit A-2) proved the defendant's liability for unpaid customer payments totaling RM74,024.00; the defendant failed to adduce substantive evidence to rebut those records or raise a bona fide triable issue, therefore summary judgment was appropriate and entered for the plaintiff with interest and costs.

Court Disposition

Application for summary judgment allowed in part for plaintiff.

Orders

  • Judgment for the plaintiff in the sum of RM74,024.00
  • Interest on RM74,024.00 at 5% per annum from date of judgment until full and final payment