TSK HARDWARE SDN BHD (COMPANY NO. : 230962-M) PREFEB TECHNOLOGY SDN BHD (COMPANY NO.: 831050-T)

TSK HARDWARE SDN BHD (COMPANY NO. : 230962-M) PREFEB TECHNOLOGY SDN BHD (COMPANY NO.: 831050-T)

The Defendant's substantial unconditional part payments, the contemporaneous documents exhibited by the Defendant, and the clear contractual terms in the Plaintiff's invoices constituted admissions of liability and quantum and did not raise any real or bona fide triable defence; consequently the Plaintiff established a prima facie entitlement to summary judgment under Order 14 and the application is allowed with interest and costs as ordered.

Citation
JA-22NCVC-88-06/2019 ( ENCL 5) (Mahkamah Tinggi)
Parties
Plaintiff: TSK HARDWARE SDN BHD; Defendant: PREFEB TECHNOLOGY SDN BHD
Court
ENCL 5
Jurisdiction
Malaysia
Judgment Date
14 June 2020
Case Number
JA-22NCVC-88-06/2019 ( ENCL 5) (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment Application / Summary Judgment (order 14 Rules of Court 2012)
Outcome
Application for summary judgment allowed
Legal Topics
Summary Judgment, Admission by Part Payment, Late Payment Interest, Proof and Admission of Documents, Order 14 Rules of Court 2012, Order 27 Admissions
Source Language
Malay/English
Civil Procedure Contract Law Evidence Law Summary Judgment Admission by Part Payment Late Payment Interest Proof and Admission of Documents Order 14 Rules of Court 2012 +1 more

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Parties

TSK HARDWARE SDN BHD

Plaintiff

PREFEB TECHNOLOGY SDN BHD

Defendant

Procedural Posture

Civil Suit Summary Judgment Application / Summary Judgment (order 14 Rules of Court 2012)

Legal Issues

  1. 1 Whether the Defendant has a bona fide or triable defence to the Plaintiff's claim
  2. 2 Whether part payments and exhibited documents constitute admissions of liability and quantum
  3. 3 Whether the Plaintiff is entitled to summary judgment under Order 14 Rules of Court 2012

Ratio Decidendi

The Defendant's substantial unconditional part payments, the contemporaneous documents exhibited by the Defendant, and the clear contractual terms in the Plaintiff's invoices constituted admissions of liability and quantum and did not raise any real or bona fide triable defence; consequently the Plaintiff established a prima facie entitlement to summary judgment under Order 14 and the application is allowed with interest and costs as ordered.

Court Disposition

Application for summary judgment allowed

Orders

  • Application (Enclosure 5) allowed
  • Plaintiff to have costs to the quantum