1. ) GN DIVERSIFIED SDN BHD 2. ) DATO' GURMEET SINGH A/L HARDEW SINGH 3. ) JOSHUA TAN A/L RAMACHANDRAM DEPENDENCY PLT

1. ) GN DIVERSIFIED SDN BHD 2. ) DATO' GURMEET SINGH A/L HARDEW SINGH 3. ) JOSHUA TAN A/L RAMACHANDRAM DEPENDENCY PLT

The High Court affirmed the Sessions Court: the plaintiff as managing agent had locus standi to sue; the RM378,000 payment was credited but left an outstanding balance of RM505,637.86; the termination notice was validly served and enforceable; summary judgment was properly entered (under O81 or O14 jurisdictional principles); therefore the appeal was dismissed and costs awarded.

Citation
WA-12ANCVC-90-04/2019 (Mahkamah Tinggi)
Parties
Appellant: GN DIVERSIFIED SDN BHD; Appellant: DATO’ GURMEET SINGH A/L HARDEW SINGH; Appellant: JOSHUA TAN A/L RAMACHANDRAM; Respondent: DEPENDENCY PLT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2020
Case Number
WA-12ANCVC-90-04/2019 (Mahkamah Tinggi)
Procedural Posture
High Court Appeal From Sessions Court Summary Judgment / Judgment (appeal Dismissed)
Outcome
Appeal dismissed; decision of the Sessions Court affirmed
Legal Topics
Summary Judgment, Tenancy Agreement, Locus Standi, Termination Notice, Rent Arrears, Guarantee, Agency/assignment, Costs
Source Language
Malay/English
Civil Contract Landlord and Tenant Civil Procedure Summary Judgment Tenancy Agreement Locus Standi Termination Notice +4 more

Case Brief

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Parties

GN DIVERSIFIED SDN BHD

Appellant

DATO’ GURMEET SINGH A/L HARDEW SINGH

Appellant

JOSHUA TAN A/L RAMACHANDRAM

Appellant

DEPENDENCY PLT

Respondent

Procedural Posture

High Court Appeal From Sessions Court Summary Judgment / Judgment (appeal Dismissed)

Legal Issues

  1. 1 Whether summary judgment could be granted under Order 81 RC 2012 or alternatively Order 14
  2. 2 Whether the plaintiff (managing agent) had locus standi to sue on behalf of landlord
  3. 3 Whether payments made by defendants were properly credited and whether an outstanding sum remained

Ratio Decidendi

The High Court affirmed the Sessions Court: the plaintiff as managing agent had locus standi to sue; the RM378,000 payment was credited but left an outstanding balance of RM505,637.86; the termination notice was validly served and enforceable; summary judgment was properly entered (under O81 or O14 jurisdictional principles); therefore the appeal was dismissed and costs awarded.

Court Disposition

Appeal dismissed; decision of the Sessions Court affirmed

Orders

  • Summary judgment in favour of the respondent for RM505,637.86
  • Appeal dismissed with costs of RM3,000.00 and a 4% allocator