MALPAKAT LEISURE GROUP SDN. BHD. (Company No: 663051-P) EASTERN GLOBAL SUMMIT SDN BHD (Company No: 513995-X)

MALPAKAT LEISURE GROUP SDN. BHD. (Company No: 663051-P) EASTERN GLOBAL SUMMIT SDN BHD (Company No: 513995-X)

Plaintiff satisfied preliminary requirements for summary judgment and Defendant's asserted defences (contra-payment, defects, dispute over interest) were bare, unsupported by contemporaneous documentary or factual particulars and thus not bona fide triable issues; therefore summary judgment was properly maintained and the appeal dismissed with costs; statutory provisions permit the award of interest on judgment debts.

Citation
JA-12ANCvC-51-05/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: MALPAKAT LEISURE GROUP SDN. BHD.; Respondent/plaintiff: EASTERN GLOBAL SUMMIT SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 November 2021
Case Number
JA-12ANCvC-51-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Judgment at High Court (challenge to Sessions Court Summary Judgment)
Outcome
Appeal dismissed with costs; Sessions Court summary judgment affirmed
Legal Topics
Summary Judgment, Triable Issue, Estoppel by Silence, Interest on Judgment, Contra Payment (set Off), Rehearing Limits
Source Language
Malay/English
Civil Procedure Contract Commercial Law Debt Recovery Summary Judgment Triable Issue Estoppel by Silence Interest on Judgment +2 more

Case Brief

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Parties

MALPAKAT LEISURE GROUP SDN. BHD.

Appellant/defendant

EASTERN GLOBAL SUMMIT SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Judgment at High Court (challenge to Sessions Court Summary Judgment)

Legal Issues

  1. 1 Whether summary judgment under Order 14 was properly granted
  2. 2 Whether alleged contra-payment by apartment created a triable issue
  3. 3 Whether alleged delay/defective performance created a triable issue

Ratio Decidendi

Plaintiff satisfied preliminary requirements for summary judgment and Defendant's asserted defences (contra-payment, defects, dispute over interest) were bare, unsupported by contemporaneous documentary or factual particulars and thus not bona fide triable issues; therefore summary judgment was properly maintained and the appeal dismissed with costs; statutory provisions permit the award of interest on judgment debts.

Court Disposition

Appeal dismissed with costs; Sessions Court summary judgment affirmed

Orders

  • Appeal dismissed with costs
  • Summary judgment granted in favour of Respondent affirmed