RANGKAIAN MINANG (NS) SDN. BHD. [No. Syarikat: 200501002246 (679292 – U)] CELCOM AXIATA BERHAD [No. Syarikat: 198801000113 (167469 – A)]

RANGKAIAN MINANG (NS) SDN. BHD. [No. Syarikat: 200501002246 (679292 – U)] CELCOM AXIATA BERHAD [No. Syarikat: 198801000113 (167469 – A)]

Court held defendant did not raise bona fide triable issues: invoices were acknowledged, reconciliation mechanism in Schedule 8A.3 was not triggered because designated dates were never agreed and defendant failed to cooperate, defendant had accepted and at times paid invoices containing the 1.5% monthly interest and is estopped from denying it; therefore summary judgment under Order 14 KKM 2012 was appropriate for the amounts claimed; appeal allowed and High Court entered judgment for plaintiff with specified interest and costs.

Citation
WA-12ANCvC-7-01/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Rangkaian Minang (NS) Sdn. Bhd.; Defendant: Celcom Axiata Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 August 2021
Case Number
WA-12ANCvC-7-01/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Contract (license Fees for Telecom Infrastructure) / Appeal From Sessions Court; High Court Determination on Summary Judgment Application Under Order 14 KKM 2012 (judgment 24 08 2021)
Outcome
Appeal allowed; summary judgment entered for plaintiff
Legal Topics
Summary Judgment, Licence Fees, Contractual Reconciliation, Interest on Late Payment, Estoppel
Source Language
Malay/English
Contract Commercial Law Civil Procedure Telecommunications Summary Judgment Licence Fees Contractual Reconciliation Interest on Late Payment +1 more

Case Brief

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Parties

Rangkaian Minang (NS) Sdn. Bhd.

Plaintiff

Celcom Axiata Berhad

Defendant

Procedural Posture

Civil Contract (license Fees for Telecom Infrastructure) / Appeal From Sessions Court; High Court Determination on Summary Judgment Application Under Order 14 KKM 2012 (judgment 24 08 2021)

Legal Issues

  1. 1 Whether summary judgment under Order 14 KKM 2012 was appropriate
  2. 2 Whether defendant raised triable issues requiring full trial based on Schedule 8/8A reconciliation
  3. 3 Whether 1.5% monthly interest clause was part of the contract and enforceable

Ratio Decidendi

Court held defendant did not raise bona fide triable issues: invoices were acknowledged, reconciliation mechanism in Schedule 8A.3 was not triggered because designated dates were never agreed and defendant failed to cooperate, defendant had accepted and at times paid invoices containing the 1.5% monthly interest and is estopped from denying it; therefore summary judgment under Order 14 KKM 2012 was appropriate for the amounts claimed; appeal allowed and High Court entered judgment for plaintiff with specified interest and costs.

Court Disposition

Appeal allowed; summary judgment entered for plaintiff

Orders

  • Judgment for plaintiff for RM583,051.25 as licence fees for new and existing telecom infrastructure, calculated with interest at 1.5% per month up to 26-06-2020
  • Judgment for plaintiff for RM222,964.55 as electricity charges and administrative fees, calculated with interest at 1.5% per month up to 26-06-2020