CHANTHAR A/L G.M. PERUMAL KONG CHEE WENG

CHANTHAR A/L G.M. PERUMAL KONG CHEE WENG

Plaintiff satisfied the procedural and evidentiary prerequisites of Order 14 KKM 2012 and established a prima facie case for unpaid rent; defendant failed to demonstrate a meritorious defence or triable issue because the dispute concerned arrears of rent distinct from lease termination procedures; refusal by landlord to accept/cash cheques during parallel litigation did not extinguish tenant's liability and summary judgment for the claimed arrears was proper.

Citation
AA-A72-38-12/2020 (Mahkamah Majistret)
Parties
Plaintiff: CHANTHAR A/L G.M. PERUMAL; Defendant: KONG CHEE WENG
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 September 2021
Case Number
AA-A72-38-12/2020 (Mahkamah Majistret)
Procedural Posture
Civil Lease Dispute (magistrate Court) / Order 14 Summary Judgment Application (judgment on Summary Application)
Outcome
Order 14 summary judgment allowed for the plaintiff
Legal Topics
Summary Judgment Under Order 14 KKM 2012, Rent Arrears, Receipt and Non Cashing of Cheques, Termination/forfeiture Clauses in Lease
Source Language
Malay/English
Contract Landlord and Tenant Civil Procedure Summary Judgment Under Order 14 KKM 2012 Rent Arrears Receipt and Non Cashing of Cheques Termination/forfeiture Clauses in Lease

Case Brief

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Parties

CHANTHAR A/L G.M. PERUMAL

Plaintiff

KONG CHEE WENG

Defendant

Procedural Posture

Civil Lease Dispute (magistrate Court) / Order 14 Summary Judgment Application (judgment on Summary Application)

Legal Issues

  1. 1 Whether the plaintiff's claim for rent arrears is contractually defective for failure to comply with clause 5(a) of the lease concerning rectification and termination procedures
  2. 2 Whether rent arrears remain due where the tenant delivered cheques which the landlord refused to accept or cash during parallel litigation

Ratio Decidendi

Plaintiff satisfied the procedural and evidentiary prerequisites of Order 14 KKM 2012 and established a prima facie case for unpaid rent; defendant failed to demonstrate a meritorious defence or triable issue because the dispute concerned arrears of rent distinct from lease termination procedures; refusal by landlord to accept/cash cheques during parallel litigation did not extinguish tenant's liability and summary judgment for the claimed arrears was proper.

Court Disposition

Order 14 summary judgment allowed for the plaintiff

Orders

  • Summary judgment entered for the plaintiff for RM41,900.00 as rent arrears
  • Defendant to pay costs of RM500.00 to the plaintiff