Chung Chee Peng Vimix Concrete Sdn Bhd Kong Kwai Fei Kuan Lee Khim

Chung Chee Peng Vimix Concrete Sdn Bhd Kong Kwai Fei Kuan Lee Khim

The plaintiff proved the contractual obligation and undisputed contemporaneous documents showing part payments and the balance; the defendants failed to demonstrate any bona fide triable issue or produce documentary evidence to rebut the prima facie case; therefore summary judgment was appropriate for the claimed sum with interest and costs.

Citation
BA-22NCvC-238-06/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Chung Chee Peng; Defendant: Vimix Concrete Sdn Bhd; Defendant: Kong Kwai Fei; Defendant: Kuan Lee Khim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 November 2021
Case Number
BA-22NCvC-238-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Debt Recovery and Contractual Indemnity / Summary Judgment Granted (order 14 Application)
Outcome
Summary judgment granted for the Plaintiff
Legal Topics
Summary Judgment, Breach of Contract, Share Sale Agreement, Indemnity, Personal Guarantee, Costs, Interest
Source Language
Malay/English
Contract Company Law Civil Procedure Debt Recovery Guarantee and Indemnity Summary Judgment Breach of Contract Share Sale Agreement +4 more

Case Brief

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Parties

Chung Chee Peng

Plaintiff

Vimix Concrete Sdn Bhd

Defendant

Kong Kwai Fei

Defendant

Kuan Lee Khim

Defendant

Procedural Posture

Civil Suit Debt Recovery and Contractual Indemnity / Summary Judgment Granted (order 14 Application)

Legal Issues

  1. 1 Whether the defendants owe the unpaid balance of the share sale price
  2. 2 Whether the plaintiff is entitled to legal fees as indemnity
  3. 3 Whether defendants raised a bona fide triable issue to resist summary judgment

Ratio Decidendi

The plaintiff proved the contractual obligation and undisputed contemporaneous documents showing part payments and the balance; the defendants failed to demonstrate any bona fide triable issue or produce documentary evidence to rebut the prima facie case; therefore summary judgment was appropriate for the claimed sum with interest and costs.

Court Disposition

Summary judgment granted for the Plaintiff

Orders

  • Judgment for Plaintiff in the sum of RM1,895,000.00 (RM1,820,000.00 outstanding balance + RM75,000.00 legal fees)
  • Interest on judgment at 5% per annum from date of filing of the writ until full realization