MUHAMMAD ZAHIR SANJAY BIN ABDULLAH REELIANCE SECURITY SERVICES SDN BHD

MUHAMMAD ZAHIR SANJAY BIN ABDULLAH REELIANCE SECURITY SERVICES SDN BHD

The court held that the written undertakings (NJ-1 and NJ-2) created a stakeholder/trust relationship obliging the defendant to hold and refund RM590,000 if the deal did not proceed; the defendant admitted receipt of the funds; no bona fide defence or triable issue was shown (including the illegality allegation being unsubstantiated); summary judgment was therefore appropriate and the appeal was dismissed.

Citation
WA-12ANCvC-118-04/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Muhammad Zahir Sanjay Bin Abdullah; Respondent / Plaintiff: Reeliance Security Services
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 March 2023
Case Number
WA-12ANCvC-118-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment / Court of Appeal Decision on Appeal From High Court / Affirming Summary Judgment
Outcome
Appeal dismissed; summary judgment affirmed in favour of plaintiff
Legal Topics
Summary Judgment (order 14), Stakeholder/trustee Liability, Breach of Trust/repayment, Privity of Contract, Illegality Defence (alleged Bribery)
Source Language
Malay/English
Civil Procedure Trusts and Equity Contract Law Commercial Law Summary Judgment (order 14) Stakeholder/trustee Liability Breach of Trust/repayment Privity of Contract +1 more

Case Brief

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Parties

Muhammad Zahir Sanjay Bin Abdullah

Appellant / Defendant

Reeliance Security Services

Respondent / Plaintiff

Procedural Posture

Civil Appeal Against Summary Judgment / Court of Appeal Decision on Appeal From High Court / Affirming Summary Judgment

Legal Issues

  1. 1 Whether defendant acted as stakeholder/trustee for the RM590,000 commitment fee
  2. 2 Whether there was privity of contract precluding claim against the defendant
  3. 3 Whether there were triable issues requiring a full trial or a bona fide defence

Ratio Decidendi

The court held that the written undertakings (NJ-1 and NJ-2) created a stakeholder/trust relationship obliging the defendant to hold and refund RM590,000 if the deal did not proceed; the defendant admitted receipt of the funds; no bona fide defence or triable issue was shown (including the illegality allegation being unsubstantiated); summary judgment was therefore appropriate and the appeal was dismissed.

Court Disposition

Appeal dismissed; summary judgment affirmed in favour of plaintiff

Orders

  • Summary judgment entered for the plaintiff confirming declaration that defendant breached duties as stakeholder/trustee
  • Defendant ordered to repay RM590,000 to the plaintiff