ISC SDN BHD LE BOURNE SDN. BHD.

ISC SDN BHD LE BOURNE SDN. BHD.

The appellate court found the Session Court correctly applied Order 14 principles, that the plaintiff met the preconditions for summary judgment and the defendant failed to demonstrate a real triable issue; the trial judge properly appreciated affidavits and contemporaneous emails showing the respondent acted in accordance with the contract and that the appellant had given confirmations; therefore the summary judgment was properly granted and the appeal was dismissed.

Citation
BL-12ANCC-2-05/2024 (Mahkamah Tinggi)
Parties
Appellant: ISC SDN BHD; Respondent: LE BOURNE SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 October 2024
Case Number
BL-12ANCC-2-05/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Session Court / Appeal Against Session Court Order Granting Summary Judgment Under Order 14 Rules
Outcome
Appeal dismissed; Session Court order affirmed
Legal Topics
Summary Judgment Under Order 14, Breach of Contract, Mitigation of Loss, Cancellation Fee / Penalty Clause, Storage Charges, On‑demand Vs Lump‑sum Supply
Source Language
Malay/English
Contract Law Civil Procedure Commercial Law Summary Judgment Under Order 14 Breach of Contract Mitigation of Loss Cancellation Fee / Penalty Clause Storage Charges +1 more

Case Brief

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Parties

ISC SDN BHD

Appellant

LE BOURNE SDN BHD

Respondent

Procedural Posture

Civil Appeal From Session Court / Appeal Against Session Court Order Granting Summary Judgment Under Order 14 Rules

Legal Issues

  1. 1 Whether plaintiff satisfied requirements for summary judgment under Order 14
  2. 2 Whether the goods were sold on demand (call‑off) or pursuant to a lump‑sum contract
  3. 3 Whether uncalled quantity was treated as cancelled by trade practice

Ratio Decidendi

The appellate court found the Session Court correctly applied Order 14 principles, that the plaintiff met the preconditions for summary judgment and the defendant failed to demonstrate a real triable issue; the trial judge properly appreciated affidavits and contemporaneous emails showing the respondent acted in accordance with the contract and that the appellant had given confirmations; therefore the summary judgment was properly granted and the appeal was dismissed.

Court Disposition

Appeal dismissed; Session Court order affirmed

Orders

  • Appeal dismissed
  • Order of the Session Court dated 8 May 2024 affirmed