1. ) Meiti Robert 2. ) ROBERT LIANG 3. ) Willy Hartanto Robert Northstar Frontier Sdn. Bhd.

1. ) Meiti Robert 2. ) ROBERT LIANG 3. ) Willy Hartanto Robert Northstar Frontier Sdn. Bhd.

Plaintiffs were entitled to summary judgment because they established a prima facie case under Order 14 and the defendant failed, on affidavit evidence, to identify any bona fide triable defence; the tenancy is residential (housing accommodation) as shown by the written agreements and applicable statutes, the Covid-19 temporary measures statute did not apply to convert or excuse the defendant’s obligations, and therefore there was no proper basis to refuse summary judgment.

Citation
JA-A52NCvC-205-08/2022 (Mahkamah Sesyen)
Parties
Plaintiff: Meiti Robert; Plaintiff: Robert Liang; Plaintiff: Willy Hartanto Robert; Defendant: Northstar Frontier Sdn. Bhd.
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 January 2023
Case Number
JA-A52NCvC-205-08/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Summary Judgment Application Under Order 14 / Interlocutory (order 14 Application Heard; Reasons Delivered)
Outcome
Plaintiffs' Order 14 application (Kandungan 7) allowed; reasons delivered 30 March 2023
Legal Topics
Summary Judgment (order 14), Lease Classification (residential V Commercial), Frustration/impossibility, Construction of Written Contracts, Application of Covid 19 Temporary Measures
Source Language
Malay/English
Contract Property Law Civil Procedure Strata Management Statutory Interpretation Summary Judgment (order 14) Lease Classification (residential V Commercial) Frustration/impossibility +2 more

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Parties

Meiti Robert

Plaintiff

Robert Liang

Plaintiff

Willy Hartanto Robert

Plaintiff

Northstar Frontier Sdn. Bhd.

Defendant

Procedural Posture

Civil Summary Judgment Application Under Order 14 / Interlocutory (order 14 Application Heard; Reasons Delivered)

Legal Issues

  1. 1 Whether the tenancy/lease is commercial or residential
  2. 2 Whether the lease obligations were frustrated by Covid-19 / Movement Control Order
  3. 3 Whether the defendant has raised a bona fide triable defence sufficient to defeat summary judgment

Ratio Decidendi

Plaintiffs were entitled to summary judgment because they established a prima facie case under Order 14 and the defendant failed, on affidavit evidence, to identify any bona fide triable defence; the tenancy is residential (housing accommodation) as shown by the written agreements and applicable statutes, the Covid-19 temporary measures statute did not apply to convert or excuse the defendant’s obligations, and therefore there was no proper basis to refuse summary judgment.

Court Disposition

Plaintiffs' Order 14 application (Kandungan 7) allowed; reasons delivered 30 March 2023

Orders

  • Order 14 application (Kandungan 7) allowed in favour of the plaintiffs
  • Costs to the plaintiffs according to the scale