Mohd Khairi Bin Hussin ( ) Kolej Universiti Islam Antarabangsa Selangor ( )

Mohd Khairi Bin Hussin ( ) Kolej Universiti Islam Antarabangsa Selangor ( )

The Respondent established a prima facie case by affidavit and exhibits; the Appellant failed to raise a triable issue or rebut the evidence; the Appellant's unfair dismissal defence was a matter for the Industrial Court (already dismissed) and therefore irrelevant to this claim; summary judgment under Order 14 was appropriate and the appeal is dismissed with costs.

Citation
BA-12BNCVC-84-11/2019 (Mahkamah Tinggi)
Parties
Appellant / 1st Defendant: Mohd Khairi Bin Hussin; Respondent / Plaintiff: Kolej Universiti Islam Antarabangsa Selangor
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 September 2020
Case Number
BA-12BNCVC-84-11/2019 (Mahkamah Tinggi)
Procedural Posture
Appeal From Session Court (summary Judgment) / High Court Judgment on Appeal (dismissed)
Outcome
Appeal dismissed with costs; summary judgment of the Session Court affirmed.
Legal Topics
Summary Judgment, Termination of Employment, Scholarship/training Agreement, Domestic Inquiry, Industrial Court Jurisdiction, Repayment/penalty Clause
Source Language
Malay/English
Contract Employment Law Civil Procedure Industrial Relations Summary Judgment Termination of Employment Scholarship/training Agreement Domestic Inquiry +2 more

Case Brief

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Parties

Mohd Khairi Bin Hussin

Appellant / 1st Defendant

Kolej Universiti Islam Antarabangsa Selangor

Respondent / Plaintiff

Procedural Posture

Appeal From Session Court (summary Judgment) / High Court Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether the Respondent proved entitlement to RM 320,434.00
  2. 2 Whether there are triable issues warranting a full trial to resist summary judgment
  3. 3 Whether the Appellant's contention of unfair/unlawful dismissal is a relevant defence in this civil action or solely for the Industrial Court

Ratio Decidendi

The Respondent established a prima facie case by affidavit and exhibits; the Appellant failed to raise a triable issue or rebut the evidence; the Appellant's unfair dismissal defence was a matter for the Industrial Court (already dismissed) and therefore irrelevant to this claim; summary judgment under Order 14 was appropriate and the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs; summary judgment of the Session Court affirmed.

Orders

  • Appeal dismissed with costs
  • Summary judgment entered by the Session Court under Order 14 Rules of Court 2012 is affirmed