Galvapole Industries Sdn Bhd 1. ) Yang Fong M&E Engineering Trading Sdn Bhd 2. ) Muhammad Ng Tian Sue

Galvapole Industries Sdn Bhd 1. ) Yang Fong M&E Engineering Trading Sdn Bhd 2. ) Muhammad Ng Tian Sue

Plaintiff met Order 14 preliminary requirements; defendants failed to raise any bona fide triable issue because their denials were bare and contradicted by contemporaneous emails, part payments and lack of timely objection to invoices which contained notice making indebtedness conclusive; the Guarantee contained a principal debtor clause so no prior demand was necessary; accordingly summary judgment was appropriate and judgment entered for plaintiff for the claimed principal, interest and costs.

Citation
WA-22NCC-77-02/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Galvapole Industries Sdn Bhd; 1st Defendant: Yang Fong M&E Engineering Trading Sdn Bhd; 2nd Defendant: Muhammad Ng Tian Sue
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 September 2022
Case Number
WA-22NCC-77-02/2022 (Mahkamah Tinggi)
Procedural Posture
Commercial Division Civil Suit – Claim for Goods Sold and Delivered (contract/debt) / Summary Judgment Application Under Order 14 Rules of Court 2012
Outcome
Summary judgment granted in favour of Plaintiff
Legal Topics
Summary Judgment, On Demand Guarantee, Principal Debtor Clause, Estoppel by Silence/failure to Object to Invoices, Proof of Delivery, Service of Demand, Interest on Overdue Payments
Source Language
Malay/English
Contract Civil Procedure Commercial Law Guarantee and Security Summary Judgment On Demand Guarantee Principal Debtor Clause Estoppel by Silence/failure to Object to Invoices +3 more

Case Brief

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Parties

Galvapole Industries Sdn Bhd

Plaintiff

Yang Fong M&E Engineering Trading Sdn Bhd

1st Defendant

Muhammad Ng Tian Sue

2nd Defendant

Procedural Posture

Commercial Division Civil Suit – Claim for Goods Sold and Delivered (contract/debt) / Summary Judgment Application Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether plaintiff established prima facie case under Order 14 so burden shifts to defendants
  2. 2 Whether defendants raised triable issues to resist summary judgment
  3. 3 Whether plaintiff needed to produce delivery orders to prove delivery

Ratio Decidendi

Plaintiff met Order 14 preliminary requirements; defendants failed to raise any bona fide triable issue because their denials were bare and contradicted by contemporaneous emails, part payments and lack of timely objection to invoices which contained notice making indebtedness conclusive; the Guarantee contained a principal debtor clause so no prior demand was necessary; accordingly summary judgment was appropriate and judgment entered for plaintiff for the claimed principal, interest and costs.

Court Disposition

Summary judgment granted in favour of Plaintiff

Orders

  • 1st and 2nd Defendants jointly and severally to pay Plaintiff RM 2,021,768.00
  • Interest at 1.5% per month on the outstanding sum from the respective invoice due dates until full payment