MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

On the balance of probabilities contemporaneous documents and unconditional payments established that services were provided, the agreed professional fees were RM1,600,000 and outstanding RM533,600; those payments constituted an admission/estoppel which negated the alleged breach of fiduciary duty and conspiracy; therefore plaintiff entitled to summary judgment and the defendant's counterclaim discloses no reasonable cause of action and is struck out.

Citation
WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Parties
Plaintiff (main Action) / 3rd Defendant (counterclaim): Moore Advent Tax Consultants Sdn Bhd; Defendant (main Action) / Plaintiff (counterclaim): Menang Development (M) Sdn Bhd; 1st Defendant (counterclaim): Shun Leong Kwong; 2nd Defendant (counterclaim): Ong Chong Chee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 January 2023
Case Number
WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial (professional Fees Dispute) / Application Hearing: Summary Judgment and Striking Out; Judgment Delivered
Outcome
Summary judgment allowed for plaintiff Moore Advent Tax Consultants Sdn Bhd; counterclaim by Menang Development (M) Sdn Bhd struck out; costs awarded to plaintiff
Legal Topics
Summary Judgment, Striking Out, Professional Fees, Breach of Fiduciary Duty, Conspiracy, Estoppel by Conduct, Admission by Payment
Source Language
Malay/English
Contract Civil Procedure Equity and Trusts Tort Conspiracy Company Law Summary Judgment Striking Out Professional Fees +4 more

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Parties

Moore Advent Tax Consultants Sdn Bhd

Plaintiff (main Action) / 3rd Defendant (counterclaim)

Menang Development (M) Sdn Bhd

Defendant (main Action) / Plaintiff (counterclaim)

Shun Leong Kwong

1st Defendant (counterclaim)

Ong Chong Chee

2nd Defendant (counterclaim)

Procedural Posture

Civil Commercial (professional Fees Dispute) / Application Hearing: Summary Judgment and Striking Out; Judgment Delivered

Legal Issues

  1. 1 Whether plaintiff entitled to summary judgment for unpaid professional fees
  2. 2 Whether the counterclaim discloses a reasonable cause of action for breach of fiduciary duty and conspiracy
  3. 3 Whether unconditional payments and contemporaneous documents amount to admission/estoppel negating the counterclaim

Ratio Decidendi

On the balance of probabilities contemporaneous documents and unconditional payments established that services were provided, the agreed professional fees were RM1,600,000 and outstanding RM533,600; those payments constituted an admission/estoppel which negated the alleged breach of fiduciary duty and conspiracy; therefore plaintiff entitled to summary judgment and the defendant's counterclaim discloses no reasonable cause of action and is struck out.

Court Disposition

Summary judgment allowed for plaintiff Moore Advent Tax Consultants Sdn Bhd; counterclaim by Menang Development (M) Sdn Bhd struck out; costs awarded to plaintiff

Orders

  • Summary judgment entered for Moore Advent Tax Consultants Sdn Bhd against Menang Development (M) Sdn Bhd for outstanding professional fees of RM533600
  • Counterclaim by Menang Development (M) Sdn Bhd struck out pursuant to Order 18 r19(1)(b) and (d) Rules of Court 2012