PROJECTS FORTE SDN BHD 1. MERU PRINTING & PACKAGING SDN BHD 2. POH CHEE LENG (Berniaga dibawah nama dan gaya MERU TAR TRADING)

PROJECTS FORTE SDN BHD 1. MERU PRINTING & PACKAGING SDN BHD 2. POH CHEE LENG (Berniaga dibawah nama dan gaya MERU TAR TRADING)

The court found defendant 2 had no meritorious or triable defence on affidavit: the Deed of Settlement was breached by dishonoured post-dated cheques, the breach matured the original debts to RM500,000, notice requirements were met or dispensed with, and therefore summary judgment under Order 14 was appropriate for RM500,000 with 5% p.a. interest from date of writ until full payment and costs of RM2,000.

Citation
B52NCC-222-10-2020 encl 39 (Mahkamah Sesyen)
Parties
Plaintiff: Projects Forte Sdn Bhd; Defendant 1: Meru Printing & Packaging Sdn Bhd; Defendant 2: Poh Chee Leng
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
18 October 2021
Case Number
B52NCC-222-10-2020 encl 39 (Mahkamah Sesyen)
Procedural Posture
Civil Debt/contract / Summary Judgment Application (order 14)
Outcome
Application allowed; summary judgment entered for plaintiff against defendant 2
Legal Topics
Summary Judgment, Deed of Settlement, Post Dated Cheques, Dishonour of Cheques, Res Judicata, Estoppel, Costs, Interest
Source Language
Malay/English
Contract Civil Procedure Debt Recovery Banking Negotiable Instruments Summary Judgment Deed of Settlement Post Dated Cheques Dishonour of Cheques +4 more

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Parties

Projects Forte Sdn Bhd

Plaintiff

Meru Printing & Packaging Sdn Bhd

Defendant 1

Poh Chee Leng

Defendant 2

Procedural Posture

Civil Debt/contract / Summary Judgment Application (order 14)

Legal Issues

  1. 1 Whether defendant 2 has any triable defence to the plaintiff's claim
  2. 2 Whether res judicata or estoppel bars the present application
  3. 3 Whether the Deed of Settlement was breached by dishonoured post-dated cheques

Ratio Decidendi

The court found defendant 2 had no meritorious or triable defence on affidavit: the Deed of Settlement was breached by dishonoured post-dated cheques, the breach matured the original debts to RM500,000, notice requirements were met or dispensed with, and therefore summary judgment under Order 14 was appropriate for RM500,000 with 5% p.a. interest from date of writ until full payment and costs of RM2,000.

Court Disposition

Application allowed; summary judgment entered for plaintiff against defendant 2

Orders

  • Judgment for plaintiff against defendant Poh Chee Leng in the sum of RM500,000.00
  • Interest at 5% per annum on RM500,000.00 from date of writ until full payment