SOUTHEASTASIANET TECHNOLOGIES MSC SDN BHD IRIS CORPORATION BERHAD

SOUTHEASTASIANET TECHNOLOGIES MSC SDN BHD IRIS CORPORATION BERHAD

Frame Agreement 2 contains clear and unambiguous payment terms and an entire agreement clause which supersedes prior arrangements and emails; the documentary evidence established the defendant's indebtedness and the defendant failed to raise a triable defence under Order 14, therefore summary judgment was correctly...

Source-derived case information.

Citation
BA-12ANCVC-163-10/2019 (Mahkamah Tinggi)
Parties
Appellant: SOUTHEASTASIANET TECHNOLOGIES MSC SDN BHD; Respondent: IRIS CORPORATION BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 September 2020
Case Number
BA-12ANCVC-163-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / Appeal to High Court From Sessions Court (order 14 Rehearing)
Outcome
appeal dismissed; summary judgment for plaintiff affirmed
Legal Topics
Summary Judgment (order 14), Entire Agreement Clause, Paid When Paid Clause, Interpretation of Written Contracts, Breach of Contract
Contract Law Civil Procedure Evidence Law Summary Judgment (order 14) Entire Agreement Clause Paid When Paid Clause Interpretation of Written Contracts Breach of Contract

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Parties

SOUTHEASTASIANET TECHNOLOGIES MSC SDN BHD

Appellant

IRIS CORPORATION BERHAD

Respondent

Procedural Posture

Civil Appeal (summary Judgment) / Appeal to High Court From Sessions Court (order 14 Rehearing)

Legal Issues

  1. 1 Whether Frame Agreement 2 imposed an immediate contractual obligation to pay the invoice irrespective of whether the Defendant was paid under the underlying E-Passport Project
  2. 2 Whether prior emails and conduct created a 'paid-when-paid' collateral arrangement that displaced the written terms of Frame Agreement 2
  3. 3 Whether the Defendant raised a triable defence to defeat summary judgment

Ratio Decidendi

Frame Agreement 2 contains clear and unambiguous payment terms and an entire agreement clause which supersedes prior arrangements and emails; the documentary evidence established the defendant's indebtedness and the defendant failed to raise a triable defence under Order 14, therefore summary judgment was correctly entered for the plaintiff.

Court Disposition

appeal dismissed; summary judgment for plaintiff affirmed

Orders

  • Judgment for the plaintiff in the sum of USD 60,684.20
  • Interest at 5% per annum from date of filing of the Writ of Summons until realisation