DEPENDENCY PLT (NO. PENDAFTARAN : LLP0004074-LGN) ALTERNET SDN. BHD. (NO. SYARIKAT : 824038-U)

DEPENDENCY PLT (NO. PENDAFTARAN : LLP0004074-LGN) ALTERNET SDN. BHD. (NO. SYARIKAT : 824038-U)

Court found there was an equitable assignment from LBB to SSM and an absolute assignment from SSM to Dependency PLT effective from 1 April 2016; the defendant acknowledged receipt of notice and paid rent to the plaintiff thereafter; plaintiff therefore had locus standi and established a cause of action with no triable issues on the balance of probabilities; summary judgment was appropriate and the defendant's striking out application under Order 18 failed.

Citation
WA-12ANCVC-281-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Dependency PLT; Defendant: Alternet Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 September 2020
Case Number
WA-12ANCVC-281-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Final Judgment on Appeals
Outcome
Appeals allowed in favour of the plaintiff; trial court orders set aside; summary judgment entered for the plaintiff.
Legal Topics
Equitable Assignment, Statutory Assignment, Locus Standi, Summary Judgment, Writ of Distress, Forfeiture of Deposit, Interest on Judgment
Source Language
Malay/English
Contract Property Civil Procedure Landlord and Tenant Equitable Assignment Statutory Assignment Locus Standi Summary Judgment +3 more

Case Brief

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Parties

Dependency PLT

Plaintiff

Alternet Sdn. Bhd.

Defendant

Procedural Posture

Civil Appeal / Final Judgment on Appeals

Legal Issues

  1. 1 Whether the plaintiff had locus standi to sue the defendant for outstanding rent
  2. 2 Whether the transfers constituted an equitable assignment or a statutory assignment
  3. 3 Whether there was consideration and valid novation between the parties

Ratio Decidendi

Court found there was an equitable assignment from LBB to SSM and an absolute assignment from SSM to Dependency PLT effective from 1 April 2016; the defendant acknowledged receipt of notice and paid rent to the plaintiff thereafter; plaintiff therefore had locus standi and established a cause of action with no triable issues on the balance of probabilities; summary judgment was appropriate and the defendant's striking out application under Order 18 failed.

Court Disposition

Appeals allowed in favour of the plaintiff; trial court orders set aside; summary judgment entered for the plaintiff.

Orders

  • Allow appeals WA-12ANCVC-280-11/2019 and WA-12ANCVC-281-11/2019 and set aside the decision of the Sessions Court judge dated 4.11.2019
  • Enter judgment for the plaintiff Dependency PLT against the defendant Alternet Sdn. Bhd. in the sum of RM220,822.80