1. ) KLK CONSTRUCTION SDN. BHD. 2. ) KHO THEAN CHYE 3. ) CHAN KENG HOCK MODERN NOTION SDN. BHD.

1. ) KLK CONSTRUCTION SDN. BHD. 2. ) KHO THEAN CHYE 3. ) CHAN KENG HOCK MODERN NOTION SDN. BHD.

The court found the plaintiff produced contemporaneous written evidence (credit application signed by directors, purchase orders, invoices, delivery orders, courier notes, statement of account and the Guarantee) establishing the debt and contractual right to interest; defendants' denials were bare and unsupported,...

Source-derived case information.

Citation
WA-12ANCC-143-12/2022 (Mahkamah Tinggi)
Parties
Appellant: KLK Construction Sdn. Bhd.; Appellant: Kho Thean Chye; Appellant: Chan Keng Hock; Respondent: Modern Notion Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 March 2023
Case Number
WA-12ANCC-143-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment / Rehearing on Appeal From Sessions Court Under Order 55 Rule 2, Rules of Court 2012
Outcome
Appeal dismissed; summary judgment of the Sessions Court affirmed
Legal Topics
Summary Judgment (order 14 ROC 2012), Estoppel by Account, Forgery/fraud Allegations, Continuing Guarantee, Contractual Interest on Overdue Accounts
Contract Civil Procedure Debt Recovery Surety/guarantee Equity (estoppel) Summary Judgment (order 14 ROC 2012) Estoppel by Account Forgery/fraud Allegations +2 more

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Summary, issues, holding and outcome

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Parties

KLK Construction Sdn. Bhd.

Appellant

Kho Thean Chye

Appellant

Chan Keng Hock

Appellant

Modern Notion Sdn. Bhd.

Respondent

Procedural Posture

Civil Appeal Against Summary Judgment / Rehearing on Appeal From Sessions Court Under Order 55 Rule 2, Rules of Court 2012

Legal Issues

  1. 1 Whether the 1st Defendant ordered, received and is liable for the goods claimed
  2. 2 Whether the 1st Defendant applied for and accepted the credit facility
  3. 3 Whether the Plaintiff is entitled to charge interest at 1.5% per month on overdue accounts

Ratio Decidendi

The court found the plaintiff produced contemporaneous written evidence (credit application signed by directors, purchase orders, invoices, delivery orders, courier notes, statement of account and the Guarantee) establishing the debt and contractual right to interest; defendants' denials were bare and unsupported, the forgery allegation lacked a police report and was inherently improbable, and the defendants were estopped from disputing the accounts by failure to query. Consequently there was no triable issue and summary judgment was properly granted and should be upheld.

Court Disposition

Appeal dismissed; summary judgment of the Sessions Court affirmed

Orders

  • Appeal dismissed with costs subject to allocator
  • Summary judgment against the appellants affirmed