RWC ELEVATORS & ESCALATORS PRODUCTS (M) SDN BHD MS ELEVATORS ENGINEERING SDN BHD

RWC ELEVATORS & ESCALATORS PRODUCTS (M) SDN BHD MS ELEVATORS ENGINEERING SDN BHD

No contemporaneous documentary evidence showed an agreed set-off connected to the Plaintiff's claim and the Defendant's allegations were inconsistent with the evidence and inherently improbable; accordingly the alleged set-off did not raise a triable issue and summary judgment for the Plaintiff was proper for the reduced sums.

Citation
WA-22NCC-22-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff (in Liquidation): RWC Elevators & Escalators Products (M) Sdn Bhd (406118-H); Defendant: MS Elevators Sdn Bhd (104187-U); Defendant: MS Elevators Engineering Sdn Bhd (84871-M)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 September 2020
Case Number
WA-22NCC-22-01/2020 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Summary Judgment (order 14) / Judgment/decision on Summary Judgment and Security for Costs
Outcome
Summary judgment granted in both suits for reduced sums; applications for security for costs dismissed.
Legal Topics
Summary Judgment, Set Off, Arms Length Transactions, Security for Costs, Liquidator Sanction
Source Language
Malay/English
Contract Civil Procedure Company Law Insolvency Summary Judgment Set Off Arms Length Transactions Security for Costs +1 more

Case Brief

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Parties

RWC Elevators & Escalators Products (M) Sdn Bhd (406118-H)

Plaintiff (in Liquidation)

MS Elevators Sdn Bhd (104187-U)

Defendant

MS Elevators Engineering Sdn Bhd (84871-M)

Defendant

Procedural Posture

Commercial Debt Summary Judgment (order 14) / Judgment/decision on Summary Judgment and Security for Costs

Legal Issues

  1. 1 Whether there was an agreed set-off between the Defendant and Poh family related companies that could defeat the Plaintiff's claim
  2. 2 Whether allegations of less-than-arms-length dealings create a triable issue
  3. 3 Whether the Plaintiff's documentary evidence establishes the debt claimed

Ratio Decidendi

No contemporaneous documentary evidence showed an agreed set-off connected to the Plaintiff's claim and the Defendant's allegations were inconsistent with the evidence and inherently improbable; accordingly the alleged set-off did not raise a triable issue and summary judgment for the Plaintiff was proper for the reduced sums.

Court Disposition

Summary judgment granted in both suits for reduced sums; applications for security for costs dismissed.

Orders

  • Summary judgment in Suit No. WA-22NCC-21-01/2020 granted for RM2,996,427.59 in favour of the Plaintiff
  • Summary judgment in Suit No. WA-22NCC-22-01/2020 granted for RM3,778,219.72 in favour of the Plaintiff