EFCO (MALAYSIA) SDN BHD (No. Syarikat : 410698-M) 1. SKYSCAPE INDUSTRIES (M) SDN BHD (No. Syarikat : 343782 – T) 2. SOO MENG KWI (No. K/P : 770209-04-5471) 3. WONG CHEE FAH (No. K/P : 570913-08-6369) 4. LAM KEK BOON (No. K/P : 7030220-01-65

EFCO (MALAYSIA) SDN BHD (No. Syarikat : 410698-M) 1. SKYSCAPE INDUSTRIES (M) SDN BHD (No. Syarikat : 343782 – T) 2. SOO MENG KWI (No. K/P : 770209-04-5471) 3. WONG CHEE FAH (No. K/P : 570913-08-6369) 4. LAM KEK BOON (No. K/P : 7030220-01-65

Plaintiff fulfilled procedural and evidential threshold for summary judgment by proving service, defendant appearance and affidavit support; documentary admissions (emails, payments, acknowledgment of delivery) and lack of supporting documentary evidence from Defendants meant no triable issues were raised; guarantors bound by joint and several guarantees and conclusive evidence clause and certificate of indebtedness; therefore summary judgment granted and counterclaim struck out as speculative.

Citation
BA-22NCVC-290-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: EFCO (MALAYSIA) SDN BHD; 1st Defendant: SKYSCAPE INDUSTRIES (M) SDN BHD; 2nd Defendant: SOO MENG KWI; 3rd Defendant: WONG CHEE FAH; 4th Defendant: LAM KEK BOON
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 January 2020
Case Number
BA-22NCVC-290-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (debt Recovery / Contract) / Judgment on Summary Judgment and Strike Out Applications
Outcome
Applications allowed. Summary judgment entered for Plaintiff against all Defendants; 1st Defendant's counterclaim struck out.
Legal Topics
Summary Judgment, Striking Out Counterclaim, Personal Guarantee, Conclusive Evidence Clause, Certificate of Indebtedness, Estoppel Against Disputing Invoices
Source Language
Malay/English
Contract Law Civil Procedure Guarantee Law Debt Recovery Estoppel Summary Judgment Striking Out Counterclaim Personal Guarantee +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

EFCO (MALAYSIA) SDN BHD

Plaintiff

SKYSCAPE INDUSTRIES (M) SDN BHD

1st Defendant

SOO MENG KWI

2nd Defendant

WONG CHEE FAH

3rd Defendant

LAM KEK BOON

4th Defendant

Procedural Posture

Civil (debt Recovery / Contract) / Judgment on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the Plaintiff satisfied Order 14 requirements for summary judgment
  2. 2 Whether the Defendants raised triable issues to defeat summary judgment
  3. 3 Whether guarantors are bound by joint and several guarantee and conclusive evidence clause

Ratio Decidendi

Plaintiff fulfilled procedural and evidential threshold for summary judgment by proving service, defendant appearance and affidavit support; documentary admissions (emails, payments, acknowledgment of delivery) and lack of supporting documentary evidence from Defendants meant no triable issues were raised; guarantors bound by joint and several guarantees and conclusive evidence clause and certificate of indebtedness; therefore summary judgment granted and counterclaim struck out as speculative.

Court Disposition

Applications allowed. Summary judgment entered for Plaintiff against all Defendants; 1st Defendant's counterclaim struck out.

Orders

  • Enclosure 9 allowed: summary judgment entered for Plaintiff against 1st Defendant
  • Enclosure 13 allowed: summary judgment entered for Plaintiff against 2nd, 3rd and 4th Defendants