FETC International Co. Ltd 1. YZ Tekun Consult S/B & Another 2. Zainal Bin Shamsuddin

FETC International Co. Ltd 1. YZ Tekun Consult S/B & Another 2. Zainal Bin Shamsuddin

Preliminary requirements for Order 14 were met but the Defendants raised bona fide triable issues concerning the validity and circumstances of the Settlement Agreement (including alleged misrepresentation, solicitor review condition, pre-signature and payments) which cannot be resolved on affidavit alone; similarly, the counterclaim disclosed causes of action and was not plainly unsustainable; therefore summary judgment and striking out applications were dismissed and the dispute must proceed to full trial.

Citation
BA-22NCVC-437-10/2019 (Mahkamah Tinggi)
Parties
Plaintiff: FETC International Co. Ltd.; 1st Defendant: YZ Tekun Consult Sdn Bhd; 2nd Defendant: Zainal bin Shamsuddin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 April 2021
Case Number
BA-22NCVC-437-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil / Interlocutory Applications: Summary Judgment (order 14) and Striking Out Counterclaim (order 18 R19)
Outcome
Plaintiff's application for summary judgment (Enclosure 7) dismissed; Plaintiff's application to strike out the Defendants' counterclaim (Enclosure 13) dismissed
Legal Topics
Summary Judgment, Striking Out Pleadings, Validity of Settlement Agreement, Misrepresentation, Breach of Contract, Counterclaim
Source Language
Malay/English
Civil Procedure Contract Law Remedies Summary Judgment Striking Out Pleadings Validity of Settlement Agreement Misrepresentation Breach of Contract +1 more

Case Brief

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Parties

FETC International Co. Ltd.

Plaintiff

YZ Tekun Consult Sdn Bhd

1st Defendant

Zainal bin Shamsuddin

2nd Defendant

Procedural Posture

Civil / Interlocutory Applications: Summary Judgment (order 14) and Striking Out Counterclaim (order 18 R19)

Legal Issues

  1. 1 Whether the Settlement Agreement was final and binding
  2. 2 Whether the Settlement Agreement required solicitor review to be effective
  3. 3 Whether the Settlement Agreement was procured by misrepresentation

Ratio Decidendi

Preliminary requirements for Order 14 were met but the Defendants raised bona fide triable issues concerning the validity and circumstances of the Settlement Agreement (including alleged misrepresentation, solicitor review condition, pre-signature and payments) which cannot be resolved on affidavit alone; similarly, the counterclaim disclosed causes of action and was not plainly unsustainable; therefore summary judgment and striking out applications were dismissed and the dispute must proceed to full trial.

Court Disposition

Plaintiff's application for summary judgment (Enclosure 7) dismissed; Plaintiff's application to strike out the Defendants' counterclaim (Enclosure 13) dismissed

Orders

  • Applications dismissed with costs in the cause