SYMPHONET SDN. BHD. FIBERAIL SDN. BHD.

SYMPHONET SDN. BHD. FIBERAIL SDN. BHD.

The High Court affirmed the Sessions Court: plaintiff proved on balance that services were supplied under the Master Service Agreement and defendant defaulted on payment; there was no genuine triable issue raised by defendant that would preclude summary judgment; therefore summary judgment for RM407,322.61 with interest and costs was properly entered and the appeal is dismissed.

Citation
BA-12ANCvC-14-04/2025 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Symphonet Sdn. Bhd.; Respondent / Plaintiff: Fiberail Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 September 2025
Case Number
BA-12ANCvC-14-04/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal Judgment (appeal From Sessions Court)
Outcome
Appeal dismissed; Sessions Court judgment affirmed.
Legal Topics
Summary Judgment, Breach of Contract, Payment Obligations, Interest, Costs, Suspension of Services
Source Language
Malay/English
Contract Civil Procedure Debt Recovery Summary Judgment Breach of Contract Payment Obligations Interest Costs +1 more

Case Brief

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Parties

Symphonet Sdn. Bhd.

Appellant / Defendant

Fiberail Sdn. Bhd.

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appeal Judgment (appeal From Sessions Court)

Legal Issues

  1. 1 Whether summary judgment was properly granted or whether there were triable issues
  2. 2 Whether defendant breached the Master Service Agreement by failing to pay for services
  3. 3 Whether plaintiff proved entitlement to judgment and interest and costs

Ratio Decidendi

The High Court affirmed the Sessions Court: plaintiff proved on balance that services were supplied under the Master Service Agreement and defendant defaulted on payment; there was no genuine triable issue raised by defendant that would preclude summary judgment; therefore summary judgment for RM407,322.61 with interest and costs was properly entered and the appeal is dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed.

Orders

  • Summary judgment affirmed for the respondent in the amount of RM407,322.61
  • Interest at 5% per annum on RM407,322.61 from date of final judgment until full settlement