MENTA CONSTRUCTION SDN BHD 1. NAZA ENGINEERING & CONSTRUCTION SDN BHD 2. NAZA TTDI SEGARIS SDN BHD

MENTA CONSTRUCTION SDN BHD 1. NAZA ENGINEERING & CONSTRUCTION SDN BHD 2. NAZA TTDI SEGARIS SDN BHD

Defendants admitted the substantive debt and failed to establish a bona fide defence or triable issue; the non-delivery of the contra properties amounted to repudiation permitting Plaintiff to rescind the Settlement Agreement and claim the outstanding sum including late interest; therefore summary judgment is granted for RM2,122,392.46 with interest and costs.

Citation
WA-22C-59-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Menta Construction Sdn Bhd; Defendant: Naza Engineering & Construction Sdn Bhd; Defendant: Naza TTDI Segaris Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 April 2021
Case Number
WA-22C-59-07/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Contract/construction / Application for Summary Judgment (order 14 Ro C 2012)
Outcome
Plaintiff's application for summary judgment allowed
Legal Topics
Summary Judgment, Repudiation and Rescission, Set Off/contra, Late Payment Interest, Without Prejudice Admissibility
Source Language
Malay/English
Contract Construction Civil Procedure Property Summary Judgment Repudiation and Rescission Set Off/contra Late Payment Interest +1 more

Case Brief

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Parties

Menta Construction Sdn Bhd

Plaintiff

Naza Engineering & Construction Sdn Bhd

Defendant

Naza TTDI Segaris Sdn Bhd

Defendant

Procedural Posture

Civil Contract/construction / Application for Summary Judgment (order 14 Ro C 2012)

Legal Issues

  1. 1 Whether there are triable issues such that summary judgment should be refused
  2. 2 Whether the Settlement Agreement was repudiated such that Plaintiff could rescind and claim outstanding sums and late interest
  3. 3 Whether Clause 5 of the Settlement Agreement bars late interest after rescission

Ratio Decidendi

Defendants admitted the substantive debt and failed to establish a bona fide defence or triable issue; the non-delivery of the contra properties amounted to repudiation permitting Plaintiff to rescind the Settlement Agreement and claim the outstanding sum including late interest; therefore summary judgment is granted for RM2,122,392.46 with interest and costs.

Court Disposition

Plaintiff's application for summary judgment allowed

Orders

  • Judgment for the Plaintiff in the sum of RM2,122,392.46
  • Interest at the rate of 5% per annum on RM2,122,392.46 from 30.4.2021 until full settlement