AIMS DATA CENTER SDN BHD AXIOS SYSTEMS SOLUTIONS SDN BHD

AIMS DATA CENTER SDN BHD AXIOS SYSTEMS SOLUTIONS SDN BHD

Plaintiff satisfied Order 14 preliminary requirements and established a prima facie case; defendant failed to produce contemporaneous evidence of breach or a bona fide triable defence and, having repeatedly paid and delayed raising objections, is estopped (non-query/account stated) from disputing the invoices; therefore summary judgment was properly granted and affirmed on appeal.

Citation
WA-12ANCVC-125-05/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: AIMS DATA CENTER SDN BHD; Respondent/plaintiff: AXIOS SYSTEMS SOLUTIONS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 December 2019
Case Number
WA-12ANCVC-125-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal (appeal Dismissed; Summary Judgment Affirmed)
Outcome
Appeal dismissed; decision of Sessions Court granting summary judgment affirmed.
Legal Topics
Summary Judgment (order 14 ROC 2012), Non Cancellable Contract, Estoppel (non Query/account Stated), Breach of Contract, Termination, Invoices and Payment Disputes
Source Language
Malay/English
Contract Civil Procedure Equity Estoppel Summary Judgment (order 14 ROC 2012) Non Cancellable Contract Estoppel (non Query/account Stated) Breach of Contract Termination +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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

AIMS DATA CENTER SDN BHD

Appellant/defendant

AXIOS SYSTEMS SOLUTIONS SDN BHD

Respondent/plaintiff

Procedural Posture

Civil Appeal / Judgment on Appeal (appeal Dismissed; Summary Judgment Affirmed)

Legal Issues

  1. 1 Whether summary judgment under Order 14 Rule 1 ROC 2012 was properly entered
  2. 2 Whether appellant validly terminated a contract expressly non-cancellable for the fixed term
  3. 3 Whether the appellant is estopped from disputing invoices by conduct (payments and delay)

Ratio Decidendi

Plaintiff satisfied Order 14 preliminary requirements and established a prima facie case; defendant failed to produce contemporaneous evidence of breach or a bona fide triable defence and, having repeatedly paid and delayed raising objections, is estopped (non-query/account stated) from disputing the invoices; therefore summary judgment was properly granted and affirmed on appeal.

Court Disposition

Appeal dismissed; decision of Sessions Court granting summary judgment affirmed.

Orders

  • Appeal dismissed
  • Summary judgment entered in favour of Respondent affirmed