CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd

CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd

Defendants failed to adduce contemporaneous evidence or particulars to raise any genuine triable issues; signed delivery orders and invoices with objection windows, coupled with partial payments and silence, estopped defendants from disputing sums; the letters dated 26.8.2019 and 14.5.2020 were without-prejudice...

Source-derived case information.

Citation
WA-22NCC-271-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff: CJ Century Technology Sdn Bhd; Defendant: Axisjaya Sdn Bhd; Defendant: Seri Mutiara Development Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 January 1900
Case Number
WA-22NCC-271-07/2020 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt/contract (goods Sold and Delivered; Guarantee Enforcement) / Summary Judgment Application Under Order 14 Rules of Court 2012
Outcome
Summary judgment allowed for the Plaintiff; Defendants' application to resist dismissed.
Legal Topics
Summary Judgment, Continuing Guarantee, Estoppel by Silence, Forbearance, Settlement Proposal Vs Settlement Agreement, Variation of Contract, Enforcement of Invoices and Delivery Orders, Interest on Overdue Accounts
Contract Law Securities and Guarantees Civil Procedure Commercial Law Summary Judgment Continuing Guarantee Estoppel by Silence Forbearance +4 more

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Summary, issues, holding and outcome

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Parties

CJ Century Technology Sdn Bhd

Plaintiff

Axisjaya Sdn Bhd

Defendant

Seri Mutiara Development Sdn Bhd

Defendant

Procedural Posture

Commercial Debt/contract (goods Sold and Delivered; Guarantee Enforcement) / Summary Judgment Application Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether defendants raised triable issues to resist summary judgment
  2. 2 Whether plaintiff breached supply obligations so as to defeat claim or justify set-off
  3. 3 Whether settlement proposals constituted binding settlement agreements extinguishing original debt or guarantees

Ratio Decidendi

Defendants failed to adduce contemporaneous evidence or particulars to raise any genuine triable issues; signed delivery orders and invoices with objection windows, coupled with partial payments and silence, estopped defendants from disputing sums; the letters dated 26.8.2019 and 14.5.2020 were without-prejudice settlement proposals/forbearances and did not discharge the continuing corporate guarantee which expressly permitted indulgences and variations; accordingly summary judgment was appropriate to enter for the plaintiff for the outstanding debt and to enforce the guarantee.

Court Disposition

Summary judgment allowed for the Plaintiff; Defendants' application to resist dismissed.

Orders

  • Summary judgment entered for Plaintiff CJ Century Technology Sdn Bhd for the outstanding principal sum of RM2,621,823.91
  • Interest as claimed in the writ and particulars (contractual rate as per invoices)