TEAM OFFICE SYSTEM SDN. BHD. [No.Pendaftaran Perniagaan : 583507-P] TRUECLASS OPTION SDN. BHD. [No.Pendaftaran Perniagaan: 369622-H]

TEAM OFFICE SYSTEM SDN. BHD. [No.Pendaftaran Perniagaan : 583507-P] TRUECLASS OPTION SDN. BHD. [No.Pendaftaran Perniagaan: 369622-H]

Although the plaintiff complied with procedural prerequisites for Order 14, the defendant raised bona fide triable issues (existence of lease extension/monthly tenancy, alleged early termination and subletting, and entitlement to the deposit under lease clauses) that required oral evidence; therefore summary judgment was inappropriate and a full trial was ordered.

Citation
JA-A72NCVC-583-08/2020 (Mahkamah Majistret)
Parties
Plaintiff: TEAM OFFICE SYSTEM SDN. BHD.; Defendant: TRUECLASS OPTION SDN. BHD.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
2 February 2021
Case Number
JA-A72NCVC-583-08/2020 (Mahkamah Majistret)
Procedural Posture
Civil Claim (lease/rental) / Interlocutory Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012
Outcome
Application for summary judgment (Annexure 6) dismissed; full trial ordered; costs in cause.
Legal Topics
Summary Judgment (order 14), Deposit Forfeiture, Breach of Lease, Lease Extension, Subletting, Good Faith/mala Fides
Source Language
Malay/English
Landlord and Tenant Law Contract Law Civil Procedure Summary Judgment (order 14) Deposit Forfeiture Breach of Lease Lease Extension Subletting +1 more

Case Brief

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Parties

TEAM OFFICE SYSTEM SDN. BHD.

Plaintiff

TRUECLASS OPTION SDN. BHD.

Defendant

Procedural Posture

Civil Claim (lease/rental) / Interlocutory Application for Summary Judgment Under Order 14 Kaedah Kaedah Mahkamah 2012

Legal Issues

  1. 1 Whether there existed an enforceable extension of the lease for one year or a month-to-month tenancy
  2. 2 Whether the plaintiff breached the lease by early termination and by subletting without landlord's consent
  3. 3 Whether the defendant was entitled to forfeit or retain the plaintiff's deposit under clauses of the lease

Ratio Decidendi

Although the plaintiff complied with procedural prerequisites for Order 14, the defendant raised bona fide triable issues (existence of lease extension/monthly tenancy, alleged early termination and subletting, and entitlement to the deposit under lease clauses) that required oral evidence; therefore summary judgment was inappropriate and a full trial was ordered.

Court Disposition

Application for summary judgment (Annexure 6) dismissed; full trial ordered; costs in cause.

Orders

  • Annexure 6 application (Order 14 summary judgment) dismissed
  • Full trial to be conducted to determine disputed issues and call witnesses for both parties