Libertybase Sdn Bhd M Point Marketing

Libertybase Sdn Bhd M Point Marketing

The court upheld summary judgment because the respondent produced contemporaneous invoices, delivery orders and a written statement signed and acknowledged by the defendant admitting the outstanding balances; the defendant produced no contemporaneous written dispute, therefore there was no triable issue of fact and the Session Court's judgment for RM311,009.33 was correct.

Citation
BA-12ANCvC-102-06/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Libertybase Sdn. Bhd.; Respondent/plaintiff: M Point Marketing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 October 2021
Case Number
BA-12ANCvC-102-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Admission of Debt, Documentary Evidence (invoices, Delivery Orders), Retention Monies
Source Language
Malay/English
Contract Commercial Law Debt Recovery Civil Procedure Summary Judgment Admission of Debt Documentary Evidence (invoices, Delivery Orders) Retention Monies

Case Brief

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Parties

Libertybase Sdn. Bhd.

Appellant/defendant

M Point Marketing

Respondent/plaintiff

Procedural Posture

Civil Appeal / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether summary judgment (default judgment) was appropriate
  2. 2 Whether documentary evidence and signed acknowledgement constituted an admission of debt
  3. 3 Whether there existed any triable issues of fact to defeat summary judgment

Ratio Decidendi

The court upheld summary judgment because the respondent produced contemporaneous invoices, delivery orders and a written statement signed and acknowledged by the defendant admitting the outstanding balances; the defendant produced no contemporaneous written dispute, therefore there was no triable issue of fact and the Session Court's judgment for RM311,009.33 was correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of RM5,000 subject to taxation
  • The Session Court judgment awarding RM311,009.33 to the plaintiff is affirmed (including previously awarded interest and costs as per original judgment)