LOW JEE KEONG NEXT FORTUNE SDN. BHD.

LOW JEE KEONG NEXT FORTUNE SDN. BHD.

The Settlement Agreement unequivocally treated the calculated sums as a debt payable by 31.12.2018; the Defendant failed to adduce credible evidence of any triable issue or of an implied term preventing enforcement; therefore liability was established and summary judgment was appropriate.

Source-derived case information.

Citation
BA-22NCvC-145-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Low Jee Keong; Defendant: Next Fortune Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 January 2025
Case Number
BA-22NCvC-145-04/2024 (Mahkamah Tinggi)
Procedural Posture
Civil / Summary Judgment (order 14)
Outcome
Summary judgment granted in favour of the Plaintiff
Legal Topics
Summary Judgment, Breach of Settlement Agreement, Buy‑back Option, Interest, Specific Performance
Contract Civil Procedure Real Property Housing Development Summary Judgment Breach of Settlement Agreement Buy‑back Option Interest +1 more

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Parties

Low Jee Keong

Plaintiff

Next Fortune Sdn. Bhd.

Defendant

Procedural Posture

Civil / Summary Judgment (order 14)

Legal Issues

  1. 1 Whether there is any triable issue under Order 14 rule 3(1) of the Rules of Court 2012
  2. 2 Whether the Defendant breached the Buy Back Settlement Agreement and is liable to pay the sums agreed
  3. 3 Whether the sums in the Settlement Agreement constitute a debt payable as at 31.12.2018

Ratio Decidendi

The Settlement Agreement unequivocally treated the calculated sums as a debt payable by 31.12.2018; the Defendant failed to adduce credible evidence of any triable issue or of an implied term preventing enforcement; therefore liability was established and summary judgment was appropriate.

Court Disposition

Summary judgment granted in favour of the Plaintiff

Orders

  • Summary judgment entered for the Plaintiff against the Defendant and the Plaintiff entitled to prayers (a) and (b) in Enclosure 7
  • Defendant to pay costs of RM20000 to the Plaintiff