TEC D (MALAYSIA) SDN BHD REFINENETWORKS SDN BHD

TEC D (MALAYSIA) SDN BHD REFINENETWORKS SDN BHD

Plaintiffs satisfied Order 14 preconditions and proved a prima facie claim for the price of goods; defendant failed to show any bona fide triable issue preventing summary disposal because goods were accepted, invoices issued, and defendant made part-payments (including after demand) amounting to admission of debt;...

Source-derived case information.

Citation
BA-12ANCvC-123-07/2021 (Mahkamah Tinggi)
Parties
Appellant: TEC D (MALAYSIA) SDN. BHD.; Appellant: TEC D ADVANCED SOLUTIONS (MALAYSIA) SDN. BHD.; Respondent: REFINENETWORKS SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 June 2022
Case Number
BA-12ANCvC-123-07/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (re Hearing Under Order 55 Rule 2 ROC 2012) / Appeal From Learned Sessions Court Dismissal of Order 14 Application; Rehearing on Merits
Outcome
Appeal allowed; Order 14 application successful in favour of plaintiffs; learned Sessions Judge's dismissal set aside
Legal Topics
Summary Judgment, Order 14 ROC 2012, Counterclaim, Admission of Debt, Breach of Warranty, Set Off
Contract Sale of Goods Civil Procedure Commercial Law Summary Judgment Order 14 ROC 2012 Counterclaim Admission of Debt +2 more

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Parties

TEC D (MALAYSIA) SDN. BHD.

Appellant

TEC D ADVANCED SOLUTIONS (MALAYSIA) SDN. BHD.

Appellant

REFINENETWORKS SDN. BHD.

Respondent

Procedural Posture

Civil Appeal (re Hearing Under Order 55 Rule 2 ROC 2012) / Appeal From Learned Sessions Court Dismissal of Order 14 Application; Rehearing on Merits

Legal Issues

  1. 1 Whether summary judgment under Order 14 should be granted
  2. 2 Whether defendant raised triable issues to defeat summary judgment
  3. 3 Whether part-payments and continued possession amount to admission of debt

Ratio Decidendi

Plaintiffs satisfied Order 14 preconditions and proved a prima facie claim for the price of goods; defendant failed to show any bona fide triable issue preventing summary disposal because goods were accepted, invoices issued, and defendant made part-payments (including after demand) amounting to admission of debt; the defendant's disputes relate to breach of warranty and advisory liability which constitute a separate counterclaim and do not defeat summary judgment on the invoices; accordingly the appeal is allowed and summary judgment is appropriate.

Court Disposition

Appeal allowed; Order 14 application successful in favour of plaintiffs; learned Sessions Judge's dismissal set aside

Orders

  • Appeal allowed
  • Order of the Learned Sessions Judge dated 16.07.2021 set aside