T.E.M. COMBUSTION SDN BHD LATEX FORM SDN. BHD.

T.E.M. COMBUSTION SDN BHD LATEX FORM SDN. BHD.

Defendant's defenses were inconsistent with contemporaneous documents (delivery orders, invoices and payments) and were raised only after suit was filed, amounting to afterthoughts; defendant failed to show any triable issue of fact or law necessary to defeat the Order 14 application. Consequently the plaintiff was...

Source-derived case information.

Citation
BL-22NCC-6-05/2023 (Mahkamah Tinggi)
Parties
Plaintiff: T.E.M COMBUSTION SDN BHD; Defendant: LATEX FORM SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 October 2023
Case Number
BL-22NCC-6-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Claim Debt (summary Judgment Application) / Order 14 Application (summary Judgment)
Outcome
Summary judgment entered for the plaintiff
Legal Topics
Summary Judgment, Liquidated Sum, Interest on Late Payment, Defective Goods, Contractual Terms and Notice Periods
Contract Commercial Law Civil Procedure Debt Recovery Summary Judgment Liquidated Sum Interest on Late Payment Defective Goods +1 more

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Parties

T.E.M COMBUSTION SDN BHD

Plaintiff

LATEX FORM SDN BHD

Defendant

Procedural Posture

Civil Claim Debt (summary Judgment Application) / Order 14 Application (summary Judgment)

Legal Issues

  1. 1 Whether there is any triable issue of fact or law to defeat a summary judgment under Order 14
  2. 2 Whether the 14-day discrepancy clause in invoice terms precludes later complaints and binds the defendant
  3. 3 Whether plaintiff is entitled to interest at 1.5% per month on unpaid sum from 13.4.2023 and 5% per annum thereafter

Ratio Decidendi

Defendant's defenses were inconsistent with contemporaneous documents (delivery orders, invoices and payments) and were raised only after suit was filed, amounting to afterthoughts; defendant failed to show any triable issue of fact or law necessary to defeat the Order 14 application. Consequently the plaintiff was entitled to summary judgment for the unpaid sum and accrued interest and costs.

Court Disposition

Summary judgment entered for the plaintiff

Orders

  • Judgment entered for the plaintiff in the sum of RM 2,615,125.43 as at 12.4.2023
  • Interest at 1.5% per month on RM2,615,125.43 from 13.4.2023 until the date of judgment