E&C PRO SDN BHD (NO. SYARIKAT : 1187683 – A) ECO WORKS ENGINEERING SDN BHD (NO. SYARIKAT : 1226171 – U)

E&C PRO SDN BHD (NO. SYARIKAT : 1187683 – A) ECO WORKS ENGINEERING SDN BHD (NO. SYARIKAT : 1226171 – U)

Plaintiff met preliminary Order 14 requirements; defendant failed to produce contemporaneous documentary evidence or precise timely complaints to establish a bona fide triable issue; defendant's late disputes and part payments gave rise to estoppel/non-query and its email amounted to an admission; counterclaim...

Source-derived case information.

Citation
BA-12ANCC-68-10/2020 (Mahkamah Tinggi)
Parties
Appellant: E&C PRO SDN BHD; Respondent: ECO WORKS ENGINEERING SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 March 2021
Case Number
BA-12ANCC-68-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Summary Judgment / Judgment on Appeal (hearing Concluded)
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Order 14, Non Query of Account, Estoppel, Set Off, Counterclaim, Variation Orders
Civil Procedure Contract Commercial Law Debt Recovery Summary Judgment Order 14 Non Query of Account Estoppel +3 more

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Parties

E&C PRO SDN BHD

Appellant

ECO WORKS ENGINEERING SDN BHD

Respondent

Procedural Posture

Civil Appeal From Summary Judgment / Judgment on Appeal (hearing Concluded)

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment for unpaid invoices
  2. 2 Whether defendant raised a bona fide triable issue to defeat summary judgment
  3. 3 Whether non-query/estoppel prevents defendant from disputing account

Ratio Decidendi

Plaintiff met preliminary Order 14 requirements; defendant failed to produce contemporaneous documentary evidence or precise timely complaints to establish a bona fide triable issue; defendant's late disputes and part payments gave rise to estoppel/non-query and its email amounted to an admission; counterclaim lacked supportive contemporaneous evidence — thus summary judgment for RM607,214.60 was properly entered and was affirmed on appeal.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Appeal dismissed with costs
  • Summary judgment against Appellant/Defendant affirmed for RM607,214.60 with interest at 5% per annum and costs