SIT SENG & SONS REALTY SDN BHD (1) M. MOHAMED ALI (2) PARAMASIBAN A/L MAREMUTU

SIT SENG & SONS REALTY SDN BHD (1) M. MOHAMED ALI (2) PARAMASIBAN A/L MAREMUTU

The court found credible triable issues on both the computation of percentage rent (including absence of disclosed methodology and failure to follow contractual procedures for estimation and penalties) and on the applicability of the force majeure clause (MCO/COVID‑19), and held these factual and contractual disputes preclude summary judgment; therefore the plaintiff’s O.14 application was dismissed and the matter set for trial.

Citation
BK–A 52 NCVC–14–05/2021 (Mahkamah Sesyen)
Parties
Plaintiff: SIT SENG & SONS REALTY SDN BHD; First Defendant: M. MOHAMED ALI; Second Defendant: PARAMASIBAN A/L MAREMUTU
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 March 2022
Case Number
BK–A 52 NCVC–14–05/2021 (Mahkamah Sesyen)
Procedural Posture
Civil (tenancy) / Application for Summary Judgment Under O.14 ROC 2012 Dismissed; Matter Fixed for Trial
Outcome
Application for summary judgment dismissed; matter fixed for trial; costs awarded to Second Defendant
Legal Topics
Summary Judgment, Percentage Rent Computation, Force Majeure (mco), Breach of Tenancy, Contract Construction
Source Language
Malay/English
Contract Tenancy Civil Procedure Commercial Law Summary Judgment Percentage Rent Computation Force Majeure (mco) Breach of Tenancy +1 more

Case Brief

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Parties

SIT SENG & SONS REALTY SDN BHD

Plaintiff

M. MOHAMED ALI

First Defendant

PARAMASIBAN A/L MAREMUTU

Second Defendant

Procedural Posture

Civil (tenancy) / Application for Summary Judgment Under O.14 ROC 2012 Dismissed; Matter Fixed for Trial

Legal Issues

  1. 1 Whether the plaintiff’s computation of percentage rent complied with the Tenancy Agreement
  2. 2 Whether the plaintiff was entitled to estimate percentage rent in absence of monthly gross sales statements
  3. 3 Whether the plaintiff complied with contractual remedies for failure to supply monthly gross sales statements (notice/penalty)

Ratio Decidendi

The court found credible triable issues on both the computation of percentage rent (including absence of disclosed methodology and failure to follow contractual procedures for estimation and penalties) and on the applicability of the force majeure clause (MCO/COVID‑19), and held these factual and contractual disputes preclude summary judgment; therefore the plaintiff’s O.14 application was dismissed and the matter set for trial.

Court Disposition

Application for summary judgment dismissed; matter fixed for trial; costs awarded to Second Defendant

Orders

  • Plaintiff's application for summary judgment dismissed against the Second Defendant
  • Case fixed for trial