EMUM CAPITAL SDN BHD 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH

EMUM CAPITAL SDN BHD 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH

Plaintiff established a prima facie case: deliveries were acknowledged, invoices and approval letter provided contractual basis for sums and late interest, suspension of credit was lawful under express contract terms, no evidence of waiver, guarantee was admitted and enforceable; defendants failed to raise triable issues and their counterclaim was obviously unsustainable and thus summary judgment and striking out were justified.

Citation
WA-22NCC-573-08/2024 (Mahkamah Tinggi)
Parties
Plaintiff: EMUM CAPITAL SDN BHD; 1st Defendant: GREAT CONCRETE SDN BHD; 2nd Defendant: TEH KHYE CHIN; 3rd Defendant: ANANDARAO A/L ATCHANNAH
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 March 2025
Case Number
WA-22NCC-573-08/2024 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Recovery and Related Counterclaim / Summary Judgment and Strike Out Applications Decided at High Court (commercial Division)
Outcome
Summary judgment entered for Plaintiff against all Defendants jointly and severally; Defendants' counterclaim struck out in its entirety; costs awarded to Plaintiff.
Legal Topics
Summary Judgment, Strike Out of Counterclaim, Waiver, Account Stated, Late Payment Interest, Validity of Guarantee, Disclosure to Credit Reporting Agencies
Source Language
Malay/English
Contract Law Commercial Law Civil Procedure Credit Reporting Law Surety and Guarantee Law Summary Judgment Strike Out of Counterclaim Waiver +4 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 7 Authorities cited 22 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

EMUM CAPITAL SDN BHD

Plaintiff

GREAT CONCRETE SDN BHD

1st Defendant

TEH KHYE CHIN

2nd Defendant

ANANDARAO A/L ATCHANNAH

3rd Defendant

Procedural Posture

Commercial Debt Recovery and Related Counterclaim / Summary Judgment and Strike Out Applications Decided at High Court (commercial Division)

Legal Issues

  1. 1 Whether plaintiff was entitled to suspend credit facility and thereby did not breach contract
  2. 2 Whether plaintiff waived the 60-day credit term or the right to charge late interest by conduct
  3. 3 Whether alleged discrepancies in delivery orders raise triable issues as to delivery/acceptance

Ratio Decidendi

Plaintiff established a prima facie case: deliveries were acknowledged, invoices and approval letter provided contractual basis for sums and late interest, suspension of credit was lawful under express contract terms, no evidence of waiver, guarantee was admitted and enforceable; defendants failed to raise triable issues and their counterclaim was obviously unsustainable and thus summary judgment and striking out were justified.

Court Disposition

Summary judgment entered for Plaintiff against all Defendants jointly and severally; Defendants' counterclaim struck out in its entirety; costs awarded to Plaintiff.

Orders

  • Summary judgment for RM1,307,291.00 as of 31.7.2024 (Principal RM750,003.00; Late Interest RM557,288.00) against all Defendants jointly and severally
  • Continuing late interest at 1.5% per month on the Principal Amount from 1.8.2024 until full settlement