EXTREME REWARDS SDN BHD SINO PATH DEVELOPMENT SDN BHD

EXTREME REWARDS SDN BHD SINO PATH DEVELOPMENT SDN BHD

Auditor creditor confirmations and the Defendant's solicitor's written acknowledgment constituted clear and unequivocal admissions of the RM1,268,750.00 debt, extended limitation, and there were no bona fide triable issues raised by the Defendant; accordingly summary judgment was properly entered for the Plaintiff.

Citation
WA-22NCC-38-01/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Extreme Rewards Sdn Bhd; Defendant: Sino Path Development Sdn Bhd; Defendant: Chuah Kooi Sang; Defendant: Lim Mui Ying
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2021
Case Number
WA-22NCC-38-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Company Dispute and Debt Recovery (summary Judgment) / Summary Judgment Application Heard and Granted; Appeal Filed by Defendant
Outcome
Summary judgment entered for the Plaintiff (Extreme Rewards Sdn Bhd) against the Defendant (Sino Path Development Sdn Bhd); Defendant's counterclaim struck out
Legal Topics
Summary Judgment, Audit/creditor Confirmation, Admission of Debt, Consent Judgment, Estoppel, Acknowledgement Extending Limitation, Oppression S.346 Companies Act
Source Language
Malay/English
Company Law Civil Procedure Contract Law Evidence Limitation Law Summary Judgment Audit/creditor Confirmation Admission of Debt +4 more

Case Brief

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Parties

Extreme Rewards Sdn Bhd

Plaintiff

Sino Path Development Sdn Bhd

Defendant

Chuah Kooi Sang

Defendant

Lim Mui Ying

Defendant

Procedural Posture

Civil Company Dispute and Debt Recovery (summary Judgment) / Summary Judgment Application Heard and Granted; Appeal Filed by Defendant

Legal Issues

  1. 1 Whether creditor/audit confirmation and solicitor's letter constitute conclusive admission of debt
  2. 2 Whether the Defendant raised any triable issue to defeat an O.14 summary judgment
  3. 3 Whether the claim was time-barred under the Limitation Act

Ratio Decidendi

Auditor creditor confirmations and the Defendant's solicitor's written acknowledgment constituted clear and unequivocal admissions of the RM1,268,750.00 debt, extended limitation, and there were no bona fide triable issues raised by the Defendant; accordingly summary judgment was properly entered for the Plaintiff.

Court Disposition

Summary judgment entered for the Plaintiff (Extreme Rewards Sdn Bhd) against the Defendant (Sino Path Development Sdn Bhd); Defendant's counterclaim struck out

Orders

  • Summary judgment entered for the Plaintiff in the Main Suit for RM1,268,750.00 against the Defendant
  • Counterclaim by the Defendant struck out