DATAPREP MALAYSIA SDN BERHAD NEWTEC ENGINEERING (M) SDN BHD

DATAPREP MALAYSIA SDN BERHAD NEWTEC ENGINEERING (M) SDN BHD

Defendant failed to raise any triable issue: the PO required payment of the balance prior to delivery absent any requirement that Defendant request delivery; Defendant's prolonged silence and failure to plead mitigation or dispute the demand meant summary judgment was appropriate and must be affirmed.

Citation
WA-12ANCC-2-01/2024 (Mahkamah Tinggi)
Parties
Appellant: DATAPREP MALAYSIA SDN. BHD.; Respondent: NEWTEC ENGINEERING (M) SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 September 2025
Case Number
WA-12ANCC-2-01/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (commercial Division) / Appeal From Sessions Court; Re‑heard Under Order 55 Rule 2; Judgment Delivered
Outcome
Appeal dismissed; summary judgment of the Sessions Court affirmed; costs awarded to the Respondent.
Legal Topics
Summary Judgment, Purchase Order Interpretation, Delivery Obligation, Mitigation of Damages
Source Language
Malay/English
Contract Civil Procedure Commercial Law Summary Judgment Purchase Order Interpretation Delivery Obligation Mitigation of Damages

Case Brief

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Parties

DATAPREP MALAYSIA SDN. BHD.

Appellant

NEWTEC ENGINEERING (M) SDN. BHD.

Respondent

Procedural Posture

Civil Appeal (commercial Division) / Appeal From Sessions Court; Re‑heard Under Order 55 Rule 2; Judgment Delivered

Legal Issues

  1. 1 Whether the balance payment of RM270,000 was payable absent a specific request for delivery by the Defendant
  2. 2 Whether the Defendant raised a triable issue sufficient to defeat summary judgment under Order 14
  3. 3 Whether the Plaintiff failed to mitigate its losses and whether that defence was properly pleaded

Ratio Decidendi

Defendant failed to raise any triable issue: the PO required payment of the balance prior to delivery absent any requirement that Defendant request delivery; Defendant's prolonged silence and failure to plead mitigation or dispute the demand meant summary judgment was appropriate and must be affirmed.

Court Disposition

Appeal dismissed; summary judgment of the Sessions Court affirmed; costs awarded to the Respondent.

Orders

  • Appeal dismissed
  • Orders of the Sessions Court granting summary judgment affirmed