SMF ENGINEERING SDN BHD 1. BIG BLUE CAPITAL (M) SDN BHD 2. MUHAMMAD ZAHIR SANJAY BIN ABDULLAH PIHAK KETIGA 1. BIG BLUE CAPITAL (M) SDN BHD 2. SHAMSUBAHRIN BIN ISMAIL

SMF ENGINEERING SDN BHD 1. BIG BLUE CAPITAL (M) SDN BHD 2. MUHAMMAD ZAHIR SANJAY BIN ABDULLAH PIHAK KETIGA 1. BIG BLUE CAPITAL (M) SDN BHD 2. SHAMSUBAHRIN BIN ISMAIL

The court found no bona fide triable issues on the plaintiff's breach of contract and solicitor's undertaking claims: the RM750,000 was to be retained by the solicitor until the KLCC contract was executed, substantial sums (RM720,000) were released contrary to that undertaking, time was of the essence and the 1st Defendant failed to procure the contract within the stipulated time, entitling the plaintiff to terminate and obtain summary judgment; however enforcement is stayed pending the 1st Defendant's unresolved counterclaim.

Citation
WA-22NCvC-256-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: SMF Engineering Sdn Bhd; 1st Defendant: Big Blue Capital (M) Sdn Bhd; 2nd Defendant: Muhammad Zahir Sanjay bin Abdullah; 1st Third Party: Big Blue Capital (M) Sdn Bhd; 2nd Third Party: Shamsubahrin bin Ismail
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2021
Case Number
WA-22NCvC-256-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Contract / Summary Judgment Application (order 14)
Outcome
Enclosure 9 allowed (summary judgment granted in favour of plaintiff) but enforcement stayed pending outcome of 1st Defendant's counterclaim
Legal Topics
Breach of Contract, Summary Judgment, Solicitor's Undertaking, Illegality, Termination, Stakeholder Funds
Source Language
Malay/English
Contract Law Civil Procedure Professional Conduct (solicitor's Undertaking) Breach of Contract Summary Judgment Solicitor's Undertaking Illegality Termination +1 more

Case Brief

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Parties

SMF Engineering Sdn Bhd

Plaintiff

Big Blue Capital (M) Sdn Bhd

1st Defendant

Muhammad Zahir Sanjay bin Abdullah

2nd Defendant

Big Blue Capital (M) Sdn Bhd

1st Third Party

Shamsubahrin bin Ismail

2nd Third Party

Procedural Posture

Civil Contract / Summary Judgment Application (order 14)

Legal Issues

  1. 1 Whether summary judgment under Order 14 is appropriate
  2. 2 Whether time for performance was extended or time is of the essence
  3. 3 Whether the agreement was validly terminated

Ratio Decidendi

The court found no bona fide triable issues on the plaintiff's breach of contract and solicitor's undertaking claims: the RM750,000 was to be retained by the solicitor until the KLCC contract was executed, substantial sums (RM720,000) were released contrary to that undertaking, time was of the essence and the 1st Defendant failed to procure the contract within the stipulated time, entitling the plaintiff to terminate and obtain summary judgment; however enforcement is stayed pending the 1st Defendant's unresolved counterclaim.

Court Disposition

Enclosure 9 allowed (summary judgment granted in favour of plaintiff) but enforcement stayed pending outcome of 1st Defendant's counterclaim

Orders

  • Enclosure 9 is allowed with costs in the cause
  • Enclosure 9 of the summary judgment is stayed pending the counterclaim by the 1st Defendant