MAHSARI QUARRY SDN. BHD. ISCORP SDN. BHD.

MAHSARI QUARRY SDN. BHD. ISCORP SDN. BHD.

The court found that a binding contract existed by virtue of the purchase order, delivery and invoicing, that plaintiff performed the contracted services and defendant acknowledged receipt but failed to pay; because defendant offered only a bare denial and no meritorious defense, the court allowed the application to record judgment and awarded costs to the plaintiff.

Citation
DA-A72NCvC-55-02/2025 (Mahkamah Majistret)
Parties
Plaintif: Mahsari Quarry Sdn. Bhd.; Defendan: Iscorp Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
10 July 2025
Case Number
DA-A72NCvC-55-02/2025 (Mahkamah Majistret)
Procedural Posture
Civil (contract/debt) / Summary Judgment Application (kandungan 10)
Outcome
Application for summary judgment allowed.
Legal Topics
Formation of Contract by Conduct, Breach of Contract, Summary Judgment, Invoice and Delivery Acknowledgement
Source Language
Malay/English
Contract Law Civil Procedure Debt Recovery Formation of Contract by Conduct Breach of Contract Summary Judgment Invoice and Delivery Acknowledgement

Case Brief

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Parties

Mahsari Quarry Sdn. Bhd.

Plaintif

Iscorp Sdn. Bhd.

Defendan

Procedural Posture

Civil (contract/debt) / Summary Judgment Application (kandungan 10)

Legal Issues

  1. 1 Whether the plaintiff performed contractual obligations in full
  2. 2 Whether the plaintiff is entitled to recover the outstanding invoiced amount from the defendant

Ratio Decidendi

The court found that a binding contract existed by virtue of the purchase order, delivery and invoicing, that plaintiff performed the contracted services and defendant acknowledged receipt but failed to pay; because defendant offered only a bare denial and no meritorious defense, the court allowed the application to record judgment and awarded costs to the plaintiff.

Court Disposition

Application for summary judgment allowed.

Orders

  • Application to record judgment (Kandungan 10) allowed
  • Judgment to be recorded against defendant for RM45,321.58