SWISS PLANNER SDN BHD (NO. SYKT : 316972-X) 1. ) PLUSH DOLLAR (M) SDN BHD (NO. SYKT : 747455-T) 2. ) MANIMARAN A/L KANAPPRAM (NO. K/P : 680318-05-5207)

SWISS PLANNER SDN BHD (NO. SYKT : 316972-X) 1. ) PLUSH DOLLAR (M) SDN BHD (NO. SYKT : 747455-T) 2. ) MANIMARAN A/L KANAPPRAM (NO. K/P : 680318-05-5207)

The Order 14 application was dismissed because the defendants raised bona fide triable issues—specifically on renewal/termination of the tenancy, plaintiff's retention of possession and denial of access, mitigation of loss and the reasonableness of the liquidated damages—which could not be resolved on affidavit evidence alone and therefore required a full trial.

Citation
WA-22NCvC-778-11/2018 (Mahkamah Tinggi)
Parties
Plaintiff: SWISS PLANNER SDN BHD; 1st Defendant: PLUSH DOLLAR (M) SDN BHD; 2nd Defendant: MANIMARAN A/L KANAPPRAM; 3rd Defendant: H A SINAR TRAINING
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 April 2021
Case Number
WA-22NCvC-778-11/2018 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (contract/tenancy) / Summary Judgment Application Under Order 14 Dismissed; Matter Fixed for Full Trial
Outcome
Summary judgment application dismissed; suit to proceed to full trial on pleaded issues
Legal Topics
Summary Judgment (order 14), Tenancy Agreement Renewal, Mitigation of Damages, Liquidated Damages, Possession and Quiet Enjoyment, Guarantee
Source Language
Malay/English
Contract Civil Procedure Property Law Commercial Law Summary Judgment (order 14) Tenancy Agreement Renewal Mitigation of Damages Liquidated Damages +2 more

Case Brief

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Parties

SWISS PLANNER SDN BHD

Plaintiff

PLUSH DOLLAR (M) SDN BHD

1st Defendant

MANIMARAN A/L KANAPPRAM

2nd Defendant

H A SINAR TRAINING

3rd Defendant

Procedural Posture

Civil Suit (contract/tenancy) / Summary Judgment Application Under Order 14 Dismissed; Matter Fixed for Full Trial

Legal Issues

  1. 1 Whether the defendants had any bona fide defence defeating summary judgment
  2. 2 Whether tenancy automatically renewed and whether plaintiff entitled to rents for second and third terms
  3. 3 Whether the defendants validly terminated the tenancy by letter dated 12.4.2017

Ratio Decidendi

The Order 14 application was dismissed because the defendants raised bona fide triable issues—specifically on renewal/termination of the tenancy, plaintiff's retention of possession and denial of access, mitigation of loss and the reasonableness of the liquidated damages—which could not be resolved on affidavit evidence alone and therefore required a full trial.

Court Disposition

Summary judgment application dismissed; suit to proceed to full trial on pleaded issues

Orders

  • Order 14 application dismissed
  • Suit fixed for full trial on the issues pleaded by the parties