EL FORWARDING SDN BHD 1. ) CARZO IMPORT (M) SDN BHD 2. ) CHEONG WAI KEH

EL FORWARDING SDN BHD 1. ) CARZO IMPORT (M) SDN BHD 2. ) CHEONG WAI KEH

Defendant 2 acted with authority as agent for Defendant 1 when completing and signing the account and Guarantee and Indemnity forms; the signed Guarantee imposed primary liability on Defendant 2 for debts incurred for Defendant 1; plaintiff proved performance by delivery orders and invoices; therefore summary judgment against both defendants was proper.

Citation
WA-B52NCvC-421-10/2024 (Mahkamah Sesyen)
Parties
PLAINTIFF: EL FORWARDING SDN BHD; DEFENDANT 1: CARZO IMPORT (M) SDN. BHD.; DEFENDANT 2: CHEONG WAI KEH
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
WA-B52NCvC-421-10/2024 (Mahkamah Sesyen)
Procedural Posture
Civil Contract/debt (sessions Court, Kuala Lumpur) / Summary Judgment Application — Judgment Granted
Outcome
Summary judgment entered for plaintiff against both defendants.
Legal Topics
Breach of Contract, Guarantee and Indemnity Enforcement, Agency and Apparent Authority, Summary Judgment, Delivery Orders as Proof of Performance, Separate Legal Entity
Source Language
Malay/English
Contract Agency Guarantee and Indemnity Civil Procedure Commercial Law Breach of Contract Guarantee and Indemnity Enforcement Agency and Apparent Authority +3 more

Case Brief

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Parties

EL FORWARDING SDN BHD

PLAINTIFF

CARZO IMPORT (M) SDN. BHD.

DEFENDANT 1

CHEONG WAI KEH

DEFENDANT 2

Procedural Posture

Civil Contract/debt (sessions Court, Kuala Lumpur) / Summary Judgment Application — Judgment Granted

Legal Issues

  1. 1 Whether defendants contracted and ordered plaintiff's services
  2. 2 Whether Defendant 2 acted as agent for and bound Defendant 1
  3. 3 Whether the Guarantee and Indemnity signed by Defendant 2 is binding

Ratio Decidendi

Defendant 2 acted with authority as agent for Defendant 1 when completing and signing the account and Guarantee and Indemnity forms; the signed Guarantee imposed primary liability on Defendant 2 for debts incurred for Defendant 1; plaintiff proved performance by delivery orders and invoices; therefore summary judgment against both defendants was proper.

Court Disposition

Summary judgment entered for plaintiff against both defendants.

Orders

  • Defendants jointly and severally ordered to pay RM574390.60 to plaintiff