DAICO MASTER SDN. BHD. 1. ) KOPERASI PESARA POLIS SELANGOR BERHAD 2. ) WONG YEEN HUAT

DAICO MASTER SDN. BHD. 1. ) KOPERASI PESARA POLIS SELANGOR BERHAD 2. ) WONG YEEN HUAT

On the balance of probabilities the settlement agreement was validly executed by representatives of the parties, D1 failed to adduce credible evidence of a triable defence, D1 cannot rely on internal non-compliance under the Co-operative Act to avoid obligations vis-à-vis an outsider protected by the Turquand rule, and therefore summary judgment is appropriate for the repayment sum stated in the settlement agreement with judgment interest and costs.

Citation
BD-B52-6-10/2025 (Mahkamah Sesyen)
Parties
Plaintiff: Daico Master Sdn Bhd; Defendan Pertama: Koperasi Pesara Polis Selangor Berhad; Defendan Kedua: Wong Yeen Huat
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 April 2026
Case Number
BD-B52-6-10/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Claim Breach of Contract/debt (settlement Agreement) / Summary Judgment Application Decided (order 14)
Outcome
Lampiran 16 allowed in part; summary judgment granted against Defendan Pertama for the repayment sum in the Perjanjian Penyelesaian with judgment interest and costs awarded to Plaintiff
Legal Topics
Summary Judgment, Enforceability of Settlement Agreement, Turquand Rule, Authority of Agent, Illegality and Public Policy
Source Language
Malay/English
Contract Law Civil Procedure Cooperative Law Agency Law Summary Judgment Enforceability of Settlement Agreement Turquand Rule Authority of Agent +1 more

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Parties

Daico Master Sdn Bhd

Plaintiff

Koperasi Pesara Polis Selangor Berhad

Defendan Pertama

Wong Yeen Huat

Defendan Kedua

Procedural Posture

Civil Claim Breach of Contract/debt (settlement Agreement) / Summary Judgment Application Decided (order 14)

Legal Issues

  1. 1 Whether the Perjanjian Penyelesaian (settlement agreement) of 02.12.2024 is valid and binding on Defendan Pertama
  2. 2 Whether Defendan Pertama can rely on Akta Koperasi 1993 to avoid contractual liability for funds received
  3. 3 Whether signatures by Defendan Kedua constituted authority to bind Defendan Pertama (agency/apparent authority)

Ratio Decidendi

On the balance of probabilities the settlement agreement was validly executed by representatives of the parties, D1 failed to adduce credible evidence of a triable defence, D1 cannot rely on internal non-compliance under the Co-operative Act to avoid obligations vis-à-vis an outsider protected by the Turquand rule, and therefore summary judgment is appropriate for the repayment sum stated in the settlement agreement with judgment interest and costs.

Court Disposition

Lampiran 16 allowed in part; summary judgment granted against Defendan Pertama for the repayment sum in the Perjanjian Penyelesaian with judgment interest and costs awarded to Plaintiff

Orders

  • Defendan Pertama to pay Plaintiff RM362,770.00 within 14 days from date of judgment
  • Judgment interest to be paid on the judgment as usual