LEE WEI XIANG 1. ) CHEW BEE LENG 2. ) FOO CHUAN SENG

LEE WEI XIANG 1. ) CHEW BEE LENG 2. ) FOO CHUAN SENG

Defendant's assertions were bare, unsubstantiated by contemporaneous evidence and not fairly arguable; plaintiffs produced documentary evidence (photos, quotations, invoices, messages) proving the claim; no bona fide triable issues existed, so summary judgment was properly entered by the Sessions Court and the appeal is dismissed. The court declined to grant a post-judgment deadline for payment as that would improperly expose a contractual monetary judgment to contempt proceedings without proper application and pleadings.

Citation
PA-12ANCC-18-10/2021 (Mahkamah Tinggi)
Parties
Appellant: Lee Wei Xiang; Respondent: Chew Bee Leng; Respondent: Foo Chuan Seng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 April 2024
Case Number
PA-12ANCC-18-10/2021 (Mahkamah Tinggi)
Procedural Posture
Appeal Against Summary Judgment / Judgment on Appeal
Outcome
Appeal dismissed; Sessions Court summary judgment upheld
Legal Topics
Order 14 Summary Judgment, Breach of Tenancy Agreement, Forfeiture of Security Deposit, Consequential Orders, Contempt/committal
Source Language
Malay/English
Civil Procedure Contract Landlord and Tenant Order 14 Summary Judgment Breach of Tenancy Agreement Forfeiture of Security Deposit Consequential Orders Contempt/committal

Case Brief

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Parties

Lee Wei Xiang

Appellant

Chew Bee Leng

Respondent

Foo Chuan Seng

Respondent

Procedural Posture

Appeal Against Summary Judgment / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court should set aside the Sessions Court's summary judgment
  2. 2 Whether the defendant raised triable or fairly arguable issues sufficient to defeat summary judgment
  3. 3 Whether the Court should make a consequential order imposing a payment deadline and exposing the defendant to contempt proceedings

Ratio Decidendi

Defendant's assertions were bare, unsubstantiated by contemporaneous evidence and not fairly arguable; plaintiffs produced documentary evidence (photos, quotations, invoices, messages) proving the claim; no bona fide triable issues existed, so summary judgment was properly entered by the Sessions Court and the appeal is dismissed. The court declined to grant a post-judgment deadline for payment as that would improperly expose a contractual monetary judgment to contempt proceedings without proper application and pleadings.

Court Disposition

Appeal dismissed; Sessions Court summary judgment upheld

Orders

  • Summary judgment affirmed and judgment entered summarily against the defendant
  • Defendant ordered to pay plaintiffs' costs of RM7,000 by 2.5.2024 (costs subject to allocatur)