PEMBINAAN JAYA ZIRA SDN BHD BS SHEET PILES SDN BHD

PEMBINAAN JAYA ZIRA SDN BHD BS SHEET PILES SDN BHD

The minutes did not demonstrate an agreement that MRCB would assume the debt or that the Appellant was discharged; the arrangement was a common payment routing proposal by the Appellant and there was no tripartite agreement or assignment of debt to MRCB, therefore the Appellant remained liable and summary judgment for the Respondent was proper.

Citation
BA-12BNCvC-31-08/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Pembinaan Jaya Zira Sdn Bhd; Respondent/plaintiff: BS Sheet Piles Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 July 2024
Case Number
BA-12BNCvC-31-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (order 14 Summary Judgment) / High Court Rehearing of Sessions Court Decision
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Settlement Agreement, Assignment of Debt, Tripartite Agreement, Payment Arrangement
Source Language
Malay/English
Contract Construction Law Civil Procedure Adjudication Summary Judgment Settlement Agreement Assignment of Debt Tripartite Agreement +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Pembinaan Jaya Zira Sdn Bhd

Appellant/defendant

BS Sheet Piles Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal (order 14 Summary Judgment) / High Court Rehearing of Sessions Court Decision

Legal Issues

  1. 1 Whether the Defendant/Appellant raised a triable issue within the meaning of Order 14 rule 3 of the Rules of Court 2012
  2. 2 Whether the settlement minutes and payment arrangement effected a substitution/assignment of the debt to MRCB absolving the Appellant/Defendant of liability
  3. 3 Whether acceptance of part payment by the Respondent/Plaintiff from a third party (MRCB) extinguished the Appellant/Defendant's obligation

Ratio Decidendi

The minutes did not demonstrate an agreement that MRCB would assume the debt or that the Appellant was discharged; the arrangement was a common payment routing proposal by the Appellant and there was no tripartite agreement or assignment of debt to MRCB, therefore the Appellant remained liable and summary judgment for the Respondent was proper.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Summary judgment entered for the Respondent/Plaintiff for the balance RM726,308.10