CONCRETE ENGINEERING PRODUCTS BHD. (Co. no. 88143-P) 1. CCCC SIXTH ENGINEERING (M) SDN. BHD. (Co. No.: 1213743-K) 2. YTB IMPRESSION SDN. BHD. (Co. No.: 1153093-V)

CONCRETE ENGINEERING PRODUCTS BHD. (Co. no. 88143-P) 1. CCCC SIXTH ENGINEERING (M) SDN. BHD. (Co. No.: 1213743-K) 2. YTB IMPRESSION SDN. BHD. (Co. No.: 1153093-V)

The 1st Defendant's 29.3.2018 letter was admissible and, on objective construction, constituted a unilateral undertaking supported by part payment; a binding settlement agreement existed between Plaintiff and 2nd Defendant evidenced by letters, SPA and payments; neither defendant raised a bona fide triable issue nor any reason for a trial under Order 14; accordingly summary judgment was appropriate for the Plaintiff against both defendants for the claimed sum, with interest awarded under the court's statutory power at 5% per annum from 10.12.2017 and costs.

Citation
BA-22NCC-111-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff: CONCRETE ENGINEERING PRODUCTS BHD.; 1st Defendant: CCCC SIXTH ENGINEERING (M) SDN. BHD.; 2nd Defendant: YTB IMPRESSION SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 December 2019
Case Number
BA-22NCC-111-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit / Summary Judgment Application
Outcome
Summary judgment entered for Plaintiff against both Defendants
Legal Topics
Without Prejudice Privilege, Letter of Undertaking, Settlement Agreement, Summary Judgment, Pre Judgment Interest, Indemnity Claim, Sale and Purchase Agreement
Source Language
Malay/English
Contract Evidence Civil Procedure Property Law Equity Without Prejudice Privilege Letter of Undertaking Settlement Agreement +4 more

Case Brief

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Parties

CONCRETE ENGINEERING PRODUCTS BHD.

Plaintiff

CCCC SIXTH ENGINEERING (M) SDN. BHD.

1st Defendant

YTB IMPRESSION SDN. BHD.

2nd Defendant

Procedural Posture

Civil Suit / Summary Judgment Application

Legal Issues

  1. 1 Whether 1st Defendant's 29.3.2018 letter was privileged as without prejudice
  2. 2 Whether the 1st Defendant's 29.3.2018 letter constituted a unilateral undertaking enforceable as contract
  3. 3 Whether a settlement agreement existed between Plaintiff and 2nd Defendant

Ratio Decidendi

The 1st Defendant's 29.3.2018 letter was admissible and, on objective construction, constituted a unilateral undertaking supported by part payment; a binding settlement agreement existed between Plaintiff and 2nd Defendant evidenced by letters, SPA and payments; neither defendant raised a bona fide triable issue nor any reason for a trial under Order 14; accordingly summary judgment was appropriate for the Plaintiff against both defendants for the claimed sum, with interest awarded under the court's statutory power at 5% per annum from 10.12.2017 and costs.

Court Disposition

Summary judgment entered for Plaintiff against both Defendants

Orders

  • Summary judgment entered against both Defendants for RM4,873,248.31 in favour of the Plaintiff
  • Defendants ordered to pay interest on the judgment sum at 5% per annum from 10.12.2017 until full payment