MDC PRECAST SDN BHD NAZUMI ENGINEERING SDN BHD & 3 ORS

MDC PRECAST SDN BHD NAZUMI ENGINEERING SDN BHD & 3 ORS

Plaintiff satisfied the O.14 prerequisites and proved the debt and enforceable guarantee by affidavit and documents; the fourth defendant's contentions were bare denials, afterthoughts or contradicted by the guarantee which expressly named the first defendant and did not mention Melati Muhibah Sdn Bhd; res judicata did not apply; no triable issue existed; therefore summary judgment was appropriate against the fourth defendant.

Citation
KB-A52NCC-41-07/2018 (Mahkamah Sesyen)
Parties
Plaintiff: MDC PRECAST SDN BHD; Defendant: NASUMI ENGINEERING SDN BHD; Defendant: HANIZAN BIN MD ISHAK; Defendant: TG NORSYAWALLUDIN BIN TG MAMAT; Defendant: CHIA CHOON MUA
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
28 October 2021
Case Number
KB-A52NCC-41-07/2018 (Mahkamah Sesyen)
Procedural Posture
Civil Debt/contract Summary Judgment Application Under Order 14 / Application for Summary Judgment (o.14); Judgment Entered
Outcome
Application for summary judgment granted against fourth defendant under Order 14; costs awarded to plaintiff
Legal Topics
Summary Judgment, Guarantor Liability, Res Judicata, Default Judgment, Triable Issues
Source Language
Malay/English
Civil Contract Civil Procedure Debt Enforcement Guarantee Law Summary Judgment Guarantor Liability Res Judicata +2 more

Case Brief

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Parties

MDC PRECAST SDN BHD

Plaintiff

NASUMI ENGINEERING SDN BHD

Defendant

HANIZAN BIN MD ISHAK

Defendant

TG NORSYAWALLUDIN BIN TG MAMAT

Defendant

CHIA CHOON MUA

Defendant

Procedural Posture

Civil Debt/contract Summary Judgment Application Under Order 14 / Application for Summary Judgment (o.14); Judgment Entered

Legal Issues

  1. 1 Whether plaintiff satisfied preliminary requirements for summary judgment under O.14
  2. 2 Whether res judicata/issue estoppel barred the plaintiff's claim following earlier setting aside of default judgment
  3. 3 Whether the fourth defendant, as guarantor, is liable under the Guarantee Agreement dated 31.10.2014

Ratio Decidendi

Plaintiff satisfied the O.14 prerequisites and proved the debt and enforceable guarantee by affidavit and documents; the fourth defendant's contentions were bare denials, afterthoughts or contradicted by the guarantee which expressly named the first defendant and did not mention Melati Muhibah Sdn Bhd; res judicata did not apply; no triable issue existed; therefore summary judgment was appropriate against the fourth defendant.

Court Disposition

Application for summary judgment granted against fourth defendant under Order 14; costs awarded to plaintiff

Orders

  • Summary judgment entered against fourth defendant (Chia Choon Mua) under O.14 for amounts as claimed by plaintiff
  • Principal awarded RM209,795.20 as pleaded