JY CREATIVE SDN. BHD. (Co. No.: 918765-P) UPICON TST SDN. BHD. (Co. No.: 1129050-W)

JY CREATIVE SDN. BHD. (Co. No.: 918765-P) UPICON TST SDN. BHD. (Co. No.: 1129050-W)

Plaintiff satisfied the procedural prerequisites for summary judgment; defendant's contemporaneous conduct (approval of final account, part payment, architect's written confirmation, CPC and failure to deny demands) amounted to admissions and estoppel and demonstrated no triable issue; the 2.1.2019 letter was admissible (not shown to be without prejudice); the counterclaim was an unsupported afterthought, frivolous and an abuse of process and therefore struck out; summary judgment was granted and execution was not stayed.

Citation
BA-22NCVC-59-02/2019 (Mahkamah Tinggi)
Parties
Plaintiff: JY CREATIVE SDN. BHD.; Defendant: UPICON TST SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 September 2020
Case Number
BA-22NCVC-59-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Construction Contract Debt Recovery With Interlocutory Applications / Applications for Summary Judgment (enc. 6) and to Strike Out Counterclaim (enc. 12) at High Court (shah Alam)
Outcome
Applications allowed: summary judgment entered for plaintiff and counterclaim struck out
Legal Topics
Summary Judgment, Strike Out, Counterclaim, Admissions, Without Prejudice Negotiations, Certificate of Practical Completion, Liquidated Damages, Estoppel, Stay of Execution
Source Language
Malay/English
Construction Law Contract Law Civil Procedure Evidence Law Summary Judgment Strike Out Counterclaim Admissions +5 more

Case Brief

Summary, issues, holding and outcome

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Parties

JY CREATIVE SDN. BHD.

Plaintiff

UPICON TST SDN. BHD.

Defendant

Procedural Posture

Civil Suit Construction Contract Debt Recovery With Interlocutory Applications / Applications for Summary Judgment (enc. 6) and to Strike Out Counterclaim (enc. 12) at High Court (shah Alam)

Legal Issues

  1. 1 Whether summary judgment should be entered for plaintiff for RM1,665,126.71
  2. 2 Whether the defendant's 2.1.2019 letter is admissible or protected as 'without prejudice'
  3. 3 Whether the defendant's counterclaim raises any triable issue

Ratio Decidendi

Plaintiff satisfied the procedural prerequisites for summary judgment; defendant's contemporaneous conduct (approval of final account, part payment, architect's written confirmation, CPC and failure to deny demands) amounted to admissions and estoppel and demonstrated no triable issue; the 2.1.2019 letter was admissible (not shown to be without prejudice); the counterclaim was an unsupported afterthought, frivolous and an abuse of process and therefore struck out; summary judgment was granted and execution was not stayed.

Court Disposition

Applications allowed: summary judgment entered for plaintiff and counterclaim struck out

Orders

  • Summary judgment entered for the plaintiff for RM1,665,126.71 (claimed sum)
  • Counterclaim by the defendant struck out as frivolous and an abuse of process