Enigma Technical Solutions Sdn Bhd Destini Shipbuilding and Engineering Sdn. Bhd.

Enigma Technical Solutions Sdn Bhd Destini Shipbuilding and Engineering Sdn. Bhd.

Plaintiff proved entitlement by contemporaneous invoices, an Undertaking Letter admitting outstanding sums and admissions in WhatsApp and a statement of account. Defendant produced only bare denials and irrelevant third‑party contracts and failed to adduce contemporaneous documents disputing the invoices; therefore no triable defence was shown and summary judgment was proper for RM1,208,934.00 with interest and costs.

Citation
BA-22NCvC-112-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff: ENIGMA TECHNICAL SOLUTIONS SDN BHD; Defendant: DESTINI SHIPBUILDING AND ENGINEERING SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 July 2022
Case Number
BA-22NCvC-112-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment / Summary Judgment Granted (written Grounds)
Outcome
Summary judgment granted in favour of Plaintiff for RM1,208,934.00; interest at 5% per annum from 16.3.2022 until full realisation; costs awarded.
Legal Topics
Summary Judgment, Triable Defence, Undisputed Debt, Admissions, Interest, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Summary Judgment Triable Defence Undisputed Debt Admissions Interest +1 more

Case Brief

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Parties

ENIGMA TECHNICAL SOLUTIONS SDN BHD

Plaintiff

DESTINI SHIPBUILDING AND ENGINEERING SDN. BHD.

Defendant

Procedural Posture

Civil Suit Summary Judgment / Summary Judgment Granted (written Grounds)

Legal Issues

  1. 1 Whether the Defendant raised a triable defence to the Plaintiff's claim for unpaid invoices totalling RM1,208,934.00
  2. 2 Whether contemporaneous documents and admissions established liability such that summary judgment was appropriate
  3. 3 Whether bare denials and unrelated third‑party contracts suffice to defeat an O.14 application

Ratio Decidendi

Plaintiff proved entitlement by contemporaneous invoices, an Undertaking Letter admitting outstanding sums and admissions in WhatsApp and a statement of account. Defendant produced only bare denials and irrelevant third‑party contracts and failed to adduce contemporaneous documents disputing the invoices; therefore no triable defence was shown and summary judgment was proper for RM1,208,934.00 with interest and costs.

Court Disposition

Summary judgment granted in favour of Plaintiff for RM1,208,934.00; interest at 5% per annum from 16.3.2022 until full realisation; costs awarded.

Orders

  • Judgment for Plaintiff against Defendant in the sum of RM1,208,934.00
  • Interest on judgment at 5% per annum from 16.3.2022 until full realisation