Troy Information Technology Malaysia Sdn Bhd Heitech Padu Berhad

Troy Information Technology Malaysia Sdn Bhd Heitech Padu Berhad

The court held the plaintiff established a prima facie case and the defendant failed to raise any triable issue: the defendant's affidavit in reply was filed out of time without leave and was rightly excluded; the defendant's own correspondence amounted to admissions of the debt; the payment condition in the undated...

Source-derived case information.

Citation
WA-12ANCC-54-08/2023 (Mahkamah Tinggi)
Parties
Appellant: TROY INFORMATION TECHNOLOGY MALAYSIA SDN BHD; Respondent: HEITECH PADU BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2024
Case Number
WA-12ANCC-54-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Admissions of Debt, Contract Interpretation, Affidavit Timeliness, Third Party Claims
Civil Litigation Contract Law Commercial Law Civil Procedure Summary Judgment Admissions of Debt Contract Interpretation Affidavit Timeliness +1 more

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Parties

TROY INFORMATION TECHNOLOGY MALAYSIA SDN BHD

Appellant

HEITECH PADU BERHAD

Respondent

Procedural Posture

Civil Appeal (summary Judgment) / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendant's affidavit in reply should have been admitted despite being filed late
  2. 2 Whether the defendant unequivocally admitted the debt by correspondence
  3. 3 Whether the undated and unstamped hardware maintenance agreement and its payment condition raise a triable issue

Ratio Decidendi

The court held the plaintiff established a prima facie case and the defendant failed to raise any triable issue: the defendant's affidavit in reply was filed out of time without leave and was rightly excluded; the defendant's own correspondence amounted to admissions of the debt; the payment condition in the undated unstamped hardware maintenance agreement was an afterthought and, if relevant, imposed an obligation on the defendant to obtain the end user report; the defendant's separate claim against Nissen was unrelated. Therefore summary judgment was properly granted and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Summary judgment of the Sessions Court upheld
  • Appeal dismissed with costs to the respondent