Intercargo Shipping & Forwarding Sdn Bhd Taiko Odyssey Sdn Bhd

Intercargo Shipping & Forwarding Sdn Bhd Taiko Odyssey Sdn Bhd

Contemporaneous invoices, time cards, statements and acknowledged communications established the plaintiff's entitlement to summary judgment for unpaid rentals of RM1,245,956.62; only the defendant's counterclaim arising from the collapse of five prestressed girder beams raised triable issues, justifying a stay of...

Source-derived case information.

Citation
BA-22NCvC-150-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: INTERCARGO SHIPPING & FORWARDING SDN. BHD.; Defendant: TAIKO ODYSSEY SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2021
Case Number
BA-22NCvC-150-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment Application (interlocutory) / Summary Judgment Granted With Partial Stay; Counterclaim Trial Directions Issued; Appeal Filed to Court of Appeal
Outcome
Summary judgment entered for plaintiff for unpaid rentals; partial stay of execution ordered pending trial of defendant's counterclaim; directions issued for counterclaim trial; costs awarded to plaintiff.
Legal Topics
Summary Judgment, Stay of Execution, Counterclaim, Set Off/contra, Interest, Contemporaneous Documentary Evidence, Trial Directions (o.14 R.6, O.34)
Contract Civil Procedure Tort (negligence) Commercial Law Evidence Summary Judgment Stay of Execution Counterclaim +4 more

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Parties

INTERCARGO SHIPPING & FORWARDING SDN. BHD.

Plaintiff

TAIKO ODYSSEY SDN. BHD.

Defendant

Procedural Posture

Civil Suit Summary Judgment Application (interlocutory) / Summary Judgment Granted With Partial Stay; Counterclaim Trial Directions Issued; Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether there exists any triable defence to the plaintiff's claim for unpaid crane rentals
  2. 2 Whether the defendant's counterclaim arising from collapse of five prestressed girder beams raises triable issues
  3. 3 Whether the defendant validly effected set-off/contra by proposed sale of machinery

Ratio Decidendi

Contemporaneous invoices, time cards, statements and acknowledged communications established the plaintiff's entitlement to summary judgment for unpaid rentals of RM1,245,956.62; only the defendant's counterclaim arising from the collapse of five prestressed girder beams raised triable issues, justifying a stay of execution for RM363,892.16 pending trial of that counterclaim; the defendant's unilateral proposal to contra machinery did not defeat recovery of at least RM882,064.46; the 3% per month interest was not recoverable and 5% per annum interest was awarded from 08.01.2021 until full realisation.

Court Disposition

Summary judgment entered for plaintiff for unpaid rentals; partial stay of execution ordered pending trial of defendant's counterclaim; directions issued for counterclaim trial; costs awarded to plaintiff.

Orders

  • Summary judgment for RM1,245,956.62 awarded to the Plaintiff against the Defendant with interest at 5% per annum from 08.01.2021 until full realisation
  • Stay of execution in respect of RM363,892.16 pending trial of the counterclaim relating to the collapse of five prestressed girder beams