ACOUSTRO CORPORATION SDN BHD TEAM BJ DESIGN & CONTRACTS SDN BHD

ACOUSTRO CORPORATION SDN BHD TEAM BJ DESIGN & CONTRACTS SDN BHD

The Sessions Court correctly found the defendant met the Order 14 r.5 prerequisites and adduced supporting evidence; the plaintiff failed to file a timely affidavit and did not plead specific material defences or set-off to raise triable issues; burden shifted to plaintiff who failed to rebut, therefore summary judgment on the defendant's counterclaim was properly entered and is confirmed on appeal.

Citation
JA-12AC-1-07/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: ACOUSTRO CORPORATION SDN BHD; Respondent/defendant: TEAM BJ DESIGN & CONTRACTS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 October 2023
Case Number
JA-12AC-1-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Summary Judgment (counterclaim) / Judgment on Appeal Confirming Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment Under Order 14, Counterclaim, Non Performance of Contract, Defective Works, Set Off, Procedural Compliance
Source Language
Malay/English
Contract Law Civil Procedure Construction Law Remedies/damages Summary Judgment Under Order 14 Counterclaim Non Performance of Contract Defective Works +2 more

Case Brief

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Parties

ACOUSTRO CORPORATION SDN BHD

Appellant/plaintiff

TEAM BJ DESIGN & CONTRACTS SDN BHD

Respondent/defendant

Procedural Posture

Civil Appeal Against Summary Judgment (counterclaim) / Judgment on Appeal Confirming Summary Judgment

Legal Issues

  1. 1 Whether summary judgment under Order 14 r.5 for the defendant's counterclaim was properly granted
  2. 2 Whether the plaintiff had a bona fide defence to the counterclaim or raised triable issues
  3. 3 Whether the plaintiff's failure to file a timely affidavit/reply justified exclusion of that affidavit

Ratio Decidendi

The Sessions Court correctly found the defendant met the Order 14 r.5 prerequisites and adduced supporting evidence; the plaintiff failed to file a timely affidavit and did not plead specific material defences or set-off to raise triable issues; burden shifted to plaintiff who failed to rebut, therefore summary judgment on the defendant's counterclaim was properly entered and is confirmed on appeal.

Court Disposition

Appeal dismissed

Orders

  • Session Court order granting summary judgment on defendant's counterclaim for RM539,502.16 confirmed
  • Appeal dismissed with costs of RM2,000.00 subject to allocatur