ENFORCE SECURITY SERVICES (M) SDN. BHD. PERBADANAN PENGURUSAN SELAYANG 18

ENFORCE SECURITY SERVICES (M) SDN. BHD. PERBADANAN PENGURUSAN SELAYANG 18

Plaintiff satisfied preliminary requirements for summary judgment but defendant raised serious triable issues regarding invoice calculation, validity of termination under the contract and timing/receipt of the plaintiff's reply; therefore summary judgment under Order 14 is refused and the application (Attachment 8) is dismissed with costs against the plaintiff.

Citation
BD-A72NCvC-228-11/2021 (Mahkamah Majistret)
Parties
Plaintiff: ENFORCE SECURITY SERVICES (M) SDN. BHD.; Defendant: PERBADANAN PENGURUSAN SELAYANG 18
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
18 April 2022
Case Number
BD-A72NCvC-228-11/2021 (Mahkamah Majistret)
Procedural Posture
Civil Claim / Application for Summary Judgment Under Order 14 (attachment 8)
Outcome
Application for summary judgment (Attachment 8) dismissed
Legal Topics
Summary Judgment, Breach of Contract, Invoice Dispute, Termination Notice, Penalty Deductions, Triable Issues
Source Language
Malay/English
Contract Civil Procedure Debt Recovery Summary Judgment Breach of Contract Invoice Dispute Termination Notice Penalty Deductions +1 more

Case Brief

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Parties

ENFORCE SECURITY SERVICES (M) SDN. BHD.

Plaintiff

PERBADANAN PENGURUSAN SELAYANG 18

Defendant

Procedural Posture

Civil Claim / Application for Summary Judgment Under Order 14 (attachment 8)

Legal Issues

  1. 1 Whether the defendant has a triable issue as to the calculation of the outstanding debt
  2. 2 Whether the defendant validly terminated the services in accordance with the contract (clause 5(v))
  3. 3 Whether the plaintiff's reply was received by the defendant in time or was backdated

Ratio Decidendi

Plaintiff satisfied preliminary requirements for summary judgment but defendant raised serious triable issues regarding invoice calculation, validity of termination under the contract and timing/receipt of the plaintiff's reply; therefore summary judgment under Order 14 is refused and the application (Attachment 8) is dismissed with costs against the plaintiff.

Court Disposition

Application for summary judgment (Attachment 8) dismissed

Orders

  • Attachment 8 dismissed
  • Plaintiff to pay costs of RM2,000 to Defendant