TF Land Sdn Bhd 1. ) KHOR AH HOOI 2. ) KHOR CHUN MOOI 3. ) KHOR KE XIN

TF Land Sdn Bhd 1. ) KHOR AH HOOI 2. ) KHOR CHUN MOOI 3. ) KHOR KE XIN

The High Court held that the three Confirmation of Balance letters constituted sufficient admissions that RM145,000 was due to the applicants, the defendant failed to adduce any updated audit or other evidence to rebut those admissions and there were no triable issues or res judicata bar sufficient to defeat the summary judgment; appeal dismissed.

Citation
PA-12ANCvC-55-12/2020 (Mahkamah Tinggi)
Parties
Appellant: TF LAND SDN. BHD.; 1st Respondent: KHOR AH HOOI; 2nd Respondent: KHOR CHUN MOOI; 3rd Respondent: KHOR KE XIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2021
Case Number
PA-12ANCvC-55-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Grant of Summary Judgment / Appeal From Sessions Court to High Court
Outcome
Appeal dismissed with costs
Legal Topics
Summary Judgment, Admission, Order 27 Rule 3, Res Judicata, Estoppel, Representation
Source Language
Malay/English
Contract Civil Procedure Company Law Equity Summary Judgment Admission Order 27 Rule 3 Res Judicata +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

TF LAND SDN. BHD.

Appellant

KHOR AH HOOI

1st Respondent

KHOR CHUN MOOI

2nd Respondent

KHOR KE XIN

3rd Respondent

Procedural Posture

Civil Appeal Against Grant of Summary Judgment / Appeal From Sessions Court to High Court

Legal Issues

  1. 1 Whether the three Confirmation of Balance letters constituted admissible admissions under Order 27 r 3(1)
  2. 2 Whether there remained triable issues preventing summary judgment
  3. 3 Whether res judicata or issue estoppel barred the applicants' claim

Ratio Decidendi

The High Court held that the three Confirmation of Balance letters constituted sufficient admissions that RM145,000 was due to the applicants, the defendant failed to adduce any updated audit or other evidence to rebut those admissions and there were no triable issues or res judicata bar sufficient to defeat the summary judgment; appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs