SAMLING RESOURCES SDN BHD PBJV GROUP SDN BHD

SAMLING RESOURCES SDN BHD PBJV GROUP SDN BHD

Plaintiff satisfied O.14 preliminaries and produced contemporaneous communications and the Defendant's sworn Statement of Affairs which admitted the debt; that admission was clear, unequivocal and under oath and estops the Defendant from disputing the Amount Claimed, entitling the Court to enter summary judgment (and judgment on admission under O.27 r.3); the verification argument was either concluded by the Defendant's prior conduct or is a defence lacking particulars and not a bona fide triable issue, and the strike out under O.18 r.19 failed because the claim disclosed a reasonable cause of action.

Citation
WA-22NCC-299-07/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Samling Resources Sdn. Bhd.; Defendant: PBJV Group Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2022
Case Number
WA-22NCC-299-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil (commercial Division) Claim for Debt and Refund Arising From Contracts and Scheme Application / Summary Judgment Application Under O.14 R.1 and Striking Out Application Under O.18 R.19 (heard Together); Judgment on Admission Alternative Under O.27 R.3
Outcome
Plaintiff's summary judgment application (encl. 8) allowed; Defendant's striking out application (encl. 10) dismissed.
Legal Topics
Summary Judgment, Striking Out Pleadings, Judgment on Admissions, Verification of Accounts, Estoppel, Statement of Affairs, Scheme of Arrangement
Source Language
Malay/English
Contract Civil Procedure Companies Law Corporate Insolvency/restructuring Summary Judgment Striking Out Pleadings Judgment on Admissions Verification of Accounts +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Samling Resources Sdn. Bhd.

Plaintiff

PBJV Group Sdn Bhd

Defendant

Procedural Posture

Civil (commercial Division) Claim for Debt and Refund Arising From Contracts and Scheme Application / Summary Judgment Application Under O.14 R.1 and Striking Out Application Under O.18 R.19 (heard Together); Judgment on Admission Alternative Under O.27 R.3

Legal Issues

  1. 1 Whether the Amount Claimed was properly verified such that summary judgment could be resisted
  2. 2 Whether the Defendant's prior sworn Statement of Affairs and affidavit constituted a clear, unequivocal admission entitling the Plaintiff to judgment under O.27 r.3

Ratio Decidendi

Plaintiff satisfied O.14 preliminaries and produced contemporaneous communications and the Defendant's sworn Statement of Affairs which admitted the debt; that admission was clear, unequivocal and under oath and estops the Defendant from disputing the Amount Claimed, entitling the Court to enter summary judgment (and judgment on admission under O.27 r.3); the verification argument was either concluded by the Defendant's prior conduct or is a defence lacking particulars and not a bona fide triable issue, and the strike out under O.18 r.19 failed because the claim disclosed a reasonable cause of action.

Court Disposition

Plaintiff's summary judgment application (encl. 8) allowed; Defendant's striking out application (encl. 10) dismissed.

Orders

  • Summary judgment entered for the Plaintiff for the Amount Claimed RM20,910,307.46; costs awarded to Plaintiff RM4,000.00 subject to the allocator.
  • Defendant's application to strike out the Statement of Claim dismissed; costs awarded to Plaintiff RM4,000.00 subject to the allocator.