PA-11ANCVC-22-07/2021 (Mahkamah Tinggi)

PA-11ANCVC-22-07/2021 (Mahkamah Tinggi)

There was no genuine triable issue: documentary evidence (letter of appointment, invoices, payment voucher, statement of account) and unrefuted WhatsApp messages established the debt and admission; the evidential objection to WhatsApp did not raise a triable issue because the Evidence Act does not apply to affidavits and no contemporaneous dispute existed, therefore summary judgment was properly entered and the appeal is dismissed.

Citation
PA-11ANCVC-22-07/2021 (Mahkamah Tinggi)
Parties
Appellant: Farlim Group (Malaysia) Berhad; Respondent: Impact Resources Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 February 2022
Case Number
PA-11ANCVC-22-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment (order 14) / Appeal Judgment
Outcome
Appeal dismissed; summary judgment affirmed
Legal Topics
Summary Judgment, Triable Issue, Admissibility of Electronic Evidence (whats App), Payment Dispute, Counterclaim
Source Language
Malay/English
Contract Civil Procedure Evidence Summary Judgment Triable Issue Admissibility of Electronic Evidence (whats App) Payment Dispute Counterclaim

Case Brief

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Parties

Farlim Group (Malaysia) Berhad

Appellant

Impact Resources Sdn Bhd

Respondent

Procedural Posture

Civil Appeal Against Summary Judgment (order 14) / Appeal Judgment

Legal Issues

  1. 1 Whether there is a triable issue of fact sufficient to defeat summary judgment
  2. 2 Whether the payment of RM46,011.68 was an advance or payment on account
  3. 3 Whether WhatsApp messages are admissible in the summary judgment proceeding

Ratio Decidendi

There was no genuine triable issue: documentary evidence (letter of appointment, invoices, payment voucher, statement of account) and unrefuted WhatsApp messages established the debt and admission; the evidential objection to WhatsApp did not raise a triable issue because the Evidence Act does not apply to affidavits and no contemporaneous dispute existed, therefore summary judgment was properly entered and the appeal is dismissed.

Court Disposition

Appeal dismissed; summary judgment affirmed

Orders

  • Dismiss appeal with costs
  • Summary judgment entered against appellant for the outstanding sum confirmed