GROUPLITE ENGINEERING SDN BHD 1. ) SKT CONSTRUCTION SDN BHD 2. ) GAN KIM KENG 3. ) ONG KHAM TOO

GROUPLITE ENGINEERING SDN BHD 1. ) SKT CONSTRUCTION SDN BHD 2. ) GAN KIM KENG 3. ) ONG KHAM TOO

Plaintiff satisfied the procedural prerequisites for summary judgment under Order 14 and established a prima facie case supported by invoices, account statements, correspondence and an executed joint and several guarantee; defendants failed to produce particularized evidence or credible facts to show a bona fide triable issue (their challenges were general denials or implausible contentions), therefore summary judgment was appropriate for the amount claimed and costs were awarded.

Citation
DA-22C-1-06/2022 (Mahkamah Tinggi)
Parties
Plaintiff: GROUPLITE ENGINEERING SDN BHD; Defendant: SKT CONSTRUCTION SDN BHD; Defendant: GAN KIM KENG; Defendant: ONG KHAM TOO
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 May 2023
Case Number
DA-22C-1-06/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (construction Subcontract Payment) / Order 14 Summary Judgment Application
Outcome
Summary judgment entered for Plaintiff against Defendants
Legal Topics
Summary Judgment, Joint and Several Guarantee, Variation Order, Payment Claim, Admissions, Triable Issues, Undated Cheques
Source Language
Malay/English
Contract Civil Procedure Construction Law Evidence Summary Judgment Joint and Several Guarantee Variation Order Payment Claim +3 more

Case Brief

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Parties

GROUPLITE ENGINEERING SDN BHD

Plaintiff

SKT CONSTRUCTION SDN BHD

Defendant

GAN KIM KENG

Defendant

ONG KHAM TOO

Defendant

Procedural Posture

Civil Suit (construction Subcontract Payment) / Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether plaintiff satisfied the preliminary requirements for an Order 14 summary judgment application
  2. 2 Whether defendants have raised bona fide triable issues to defeat summary judgment
  3. 3 Whether the joint and several guarantee dated 10.12.2019 is valid and binding on the director-guarantors

Ratio Decidendi

Plaintiff satisfied the procedural prerequisites for summary judgment under Order 14 and established a prima facie case supported by invoices, account statements, correspondence and an executed joint and several guarantee; defendants failed to produce particularized evidence or credible facts to show a bona fide triable issue (their challenges were general denials or implausible contentions), therefore summary judgment was appropriate for the amount claimed and costs were awarded.

Court Disposition

Summary judgment entered for Plaintiff against Defendants

Orders

  • Defendants jointly and severally to pay Plaintiff RM1,131,070
  • Defendants jointly and severally to pay costs to Plaintiff in the sum of RM8,000 subject to 4% allocatur