Hong Cheng Seafood Supplies Sdn Bhd QQ Miracles Sdn Bhd

Hong Cheng Seafood Supplies Sdn Bhd QQ Miracles Sdn Bhd

The Sessions Court erred in granting summary judgment and striking out the counterclaim because material disputes of fact existed (quality/specification of perishable prawns, timeliness of rejection, contractual terms and reliance for export), the counterclaim was not plainly unsustainable, and those issues require viva voce evidence at trial; therefore summary judgment and striking out were set aside and the matter remitted to the Sessions Court for trial with costs awarded to the appellant.

Citation
AB12ANCVC-11-10/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant in Original Suit: Hong Cheng Seafood Supplies Sdn Bhd; Respondent/plaintiff in Original Suit: QQ Miracles Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 June 2020
Case Number
AB12ANCVC-11-10/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Concerning Summary Judgment and Striking Out of Counterclaim / Hearing and Judgment on Appeal; Remitted to Trial at Sessions Court
Outcome
Appeal allowed; orders of summary judgment and striking out set aside; matter remitted to Sessions Court for trial; costs awarded to appellant subject to allocatur
Legal Topics
Summary Judgment (order 14 Roc), Striking Out Counterclaim (order 18 R19 Roc), Merchantability of Goods, Perishable Goods, Breach of Contract, Burden of Proof, Certificate of Analysis
Source Language
Malay/English
Contract Law Sale of Goods Act Civil Procedure Evidence Law Summary Judgment (order 14 Roc) Striking Out Counterclaim (order 18 R19 Roc) Merchantability of Goods Perishable Goods +3 more

Case Brief

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Parties

Hong Cheng Seafood Supplies Sdn Bhd

Appellant/defendant in Original Suit

QQ Miracles Sdn Bhd

Respondent/plaintiff in Original Suit

Procedural Posture

Civil Appeal From Sessions Court Concerning Summary Judgment and Striking Out of Counterclaim / Hearing and Judgment on Appeal; Remitted to Trial at Sessions Court

Legal Issues

  1. 1 Whether summary judgment was properly entered against defendant despite disputed facts
  2. 2 Whether the defendant's counterclaim discloses triable issues and was wrongly struck out
  3. 3 Whether the prawns supplied were of merchantable quality and fit for purpose

Ratio Decidendi

The Sessions Court erred in granting summary judgment and striking out the counterclaim because material disputes of fact existed (quality/specification of perishable prawns, timeliness of rejection, contractual terms and reliance for export), the counterclaim was not plainly unsustainable, and those issues require viva voce evidence at trial; therefore summary judgment and striking out were set aside and the matter remitted to the Sessions Court for trial with costs awarded to the appellant.

Court Disposition

Appeal allowed; orders of summary judgment and striking out set aside; matter remitted to Sessions Court for trial; costs awarded to appellant subject to allocatur

Orders

  • Appeal allowed
  • Order for summary judgment against defendant set aside