LOKE YEEN YOONG IDEAWORKS RESOURCES SDN. BHD.

LOKE YEEN YOONG IDEAWORKS RESOURCES SDN. BHD.

Plaintiff met Order 14 procedural requirements and produced documentary evidence and records of part payments; defendant's defences were unsupported bare denials and afterthought allegations which failed to raise a bona fide triable issue; therefore summary judgment was appropriate and entered for the plaintiff for...

Source-derived case information.

Citation
B52NCVC-78-03-2021 (Mahkamah Sesyen)
Parties
Plaintiff: LOKE YEEN YOONG; Defendant: IDEAWORKS RESOURCES SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
21 September 2021
Case Number
B52NCVC-78-03-2021 (Mahkamah Sesyen)
Procedural Posture
Debt/contract Claim / Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012
Outcome
Summary judgment granted for plaintiff against defendant
Legal Topics
Summary Judgment, Order 14 KKM 2012, Invoicing and Admission by Part Payment, Estoppel, Triable Issue/bare Denial
Contract Law Civil Procedure Commercial Law Debt Recovery Summary Judgment Order 14 KKM 2012 Invoicing and Admission by Part Payment Estoppel +1 more

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Parties

LOKE YEEN YOONG

Plaintiff

IDEAWORKS RESOURCES SDN BHD

Defendant

Procedural Posture

Debt/contract Claim / Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether the plaintiff fulfilled preconditions for summary judgment under Order 14 KKM 2012
  2. 2 Whether the defendant raised a bona fide triable issue or only bare denials
  3. 3 Whether invoices, account statements and part payments establish the debt

Ratio Decidendi

Plaintiff met Order 14 procedural requirements and produced documentary evidence and records of part payments; defendant's defences were unsupported bare denials and afterthought allegations which failed to raise a bona fide triable issue; therefore summary judgment was appropriate and entered for the plaintiff for the claimed sum with interest and costs.

Court Disposition

Summary judgment granted for plaintiff against defendant

Orders

  • Judgment entered for the plaintiff against the defendant in the sum of RM837,386.04
  • Interest at 5% per annum on the judgment sum from date of judgment until full settlement