CELCOMDIGI MOBILE SDN BHD KHOO KAH GENG

CELCOMDIGI MOBILE SDN BHD KHOO KAH GENG

Plaintiff's contemporaneous transaction records (Exhibit A-2) established a prima facie case; defendant failed to adduce credible documentary evidence or a bona fide defence to rebut the records. Therefore summary judgment was appropriate under Order 14 r.1 for the reconciled sum of RM74,024.00 with interest at 5% p.a. from the date of judgment until full settlement and costs of RM1,500.00.

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 (summary Judgment Application Under Order 14 R.1) / Application for Summary Judgment (judgment Entered)
Outcome
Application allowed. Summary judgment entered for plaintiff for RM74,024.00 with interest and costs.
Legal Topics
Summary Judgment, Breach of Contract, Outstanding Payments, Evidence and Contemporaneous Documents, Termination, Interest, Costs
Source Language
Malay/English
Contract Commercial Civil Procedure Debt Recovery Agency Summary Judgment Breach of Contract Outstanding Payments +4 more

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Parties

CelcomDigi Mobile Sdn Bhd

Plaintiff

Khoo Kah Geng

Defendant

Procedural Posture

Civil Claim (summary Judgment Application Under Order 14 R.1) / Application for Summary Judgment (judgment Entered)

Legal Issues

  1. 1 Existence and quantum of alleged debt owed by defendant to plaintiff
  2. 2 Alleged delay in filing plaintiff's summary judgment application
  3. 3 Discrepancy between plaintiff's claimed amount and defendant's transaction records

Ratio Decidendi

Plaintiff's contemporaneous transaction records (Exhibit A-2) established a prima facie case; defendant failed to adduce credible documentary evidence or a bona fide defence to rebut the records. Therefore summary judgment was appropriate under Order 14 r.1 for the reconciled sum of RM74,024.00 with interest at 5% p.a. from the date of judgment until full settlement and costs of RM1,500.00.

Court Disposition

Application allowed. Summary judgment entered for plaintiff for RM74,024.00 with interest and costs.

Orders

  • Judgment for the plaintiff against the defendant in the sum of RM74,024.00
  • Interest at 5% per annum from 30 March 2026 until full and final settlement