Ching Keng Building Materials Sdn Bhd 1. Husamudin bin Mohd Zin 2. Uca Contractor Enterprise

Ching Keng Building Materials Sdn Bhd 1. Husamudin bin Mohd Zin 2. Uca Contractor Enterprise

The court found documentary evidence (tax invoices, delivery orders, ledger, overdue account and settlement letter) established supply, payments and an outstanding balance; defendants failed to present credible, specific evidence creating a triable issue on liability or interest calculation, therefore summary judgment was appropriate and plaintiff's application was allowed with costs.

Citation
JC A52NCC-49-11-2018 (Mahkamah Sesyen)
Parties
Defendant: HUSAMUDIN BIN MOHD ZIN; Defendant: UCA CONTRACTOR ENTERPRISE; Plaintiff: CHING KENG BUILDING MATERIALS SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 October 2019
Case Number
JC A52NCC-49-11-2018 (Mahkamah Sesyen)
Procedural Posture
Civil Debt/contract Summary Judgment (order 14) / Judgment (order 14 Application)
Outcome
Plaintiff's application for summary judgment allowed; defendants' objections found not to raise triable issues.
Legal Topics
Summary Judgment, Order 14 Rules of Court 2012, Interest, Invoicing, Evidence and Pleadings
Source Language
Malay/English
Contract Debt Recovery Civil Procedure Commercial Law Summary Judgment Order 14 Rules of Court 2012 Interest Invoicing +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

HUSAMUDIN BIN MOHD ZIN

Defendant

UCA CONTRACTOR ENTERPRISE

Defendant

CHING KENG BUILDING MATERIALS SDN BHD

Plaintiff

Procedural Posture

Civil Debt/contract Summary Judgment (order 14) / Judgment (order 14 Application)

Legal Issues

  1. 1 Whether there exists a triable issue preventing summary judgment regarding the outstanding debt
  2. 2 Whether invoices and debtor statements sufficiently prove the amount payable per delivery order
  3. 3 Whether plaintiff properly computed and proved accrued interest claimed

Ratio Decidendi

The court found documentary evidence (tax invoices, delivery orders, ledger, overdue account and settlement letter) established supply, payments and an outstanding balance; defendants failed to present credible, specific evidence creating a triable issue on liability or interest calculation, therefore summary judgment was appropriate and plaintiff's application was allowed with costs.

Court Disposition

Plaintiff's application for summary judgment allowed; defendants' objections found not to raise triable issues.

Orders

  • Application for summary judgment allowed with costs.
  • Summary judgment entered in favour of plaintiff.