W T STEEL SDN BHD 1. ) SVR BUILDERS (M) SDN BHD 2. ) VIKNESWARAN A/L RAJA GOBAL 3. ) ARUMUGAN A/L PALANIAPPAN

W T STEEL SDN BHD 1. ) SVR BUILDERS (M) SDN BHD 2. ) VIKNESWARAN A/L RAJA GOBAL 3. ) ARUMUGAN A/L PALANIAPPAN

Plaintiff proved a prima facie case by producing signed credit application, delivery orders bearing the 1st Defendant’s stamp, invoices with 7-day objection clauses, statement of account and a continuing guarantee signed by the 2nd and 3rd Defendants; Defendants’ denials were bare, unparticularized and unsupported by contemporaneous documents and thus did not raise triable issues; contractual clauses entitle Plaintiff to 1.5% monthly interest and the guarantee contains a principal debtor and continuing guarantee clause making the 2nd and 3rd Defendants jointly and severally liable; therefore summary judgment was appropriate and entered for the Plaintiff.

Citation
WA-22NCC-699-12/2022 (Mahkamah Tinggi)
Parties
Plaintiff: W T STEEL SDN BHD; 1st Defendant: SVR BUILDERS (M) SDN BHD (formerly known as SVR ENGINEERING SDN BHD); 2nd Defendant: VIKNESWARAN A/L RAJA GOBAL; 3rd Defendant: ARUMUGAM A/L PALANIAPPAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 May 2023
Case Number
WA-22NCC-699-12/2022 (Mahkamah Tinggi)
Procedural Posture
Commercial Civil Suit (supply of Goods and Guarantee) / Summary Judgment (order 14) Application Judgment Entered
Outcome
Summary judgment entered for the Plaintiff against all Defendants
Legal Topics
Summary Judgment, Estoppel, Guarantee and Indemnity, Principal Debtor Clause, Interest on Overdue Accounts, Continuing Guarantee
Source Language
Malay/English
Contract Law Company Law Civil Procedure Commercial Law Summary Judgment Estoppel Guarantee and Indemnity Principal Debtor Clause +2 more

Case Brief

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Parties

W T STEEL SDN BHD

Plaintiff

SVR BUILDERS (M) SDN BHD (formerly known as SVR ENGINEERING SDN BHD)

1st Defendant

VIKNESWARAN A/L RAJA GOBAL

2nd Defendant

ARUMUGAM A/L PALANIAPPAN

3rd Defendant

Procedural Posture

Commercial Civil Suit (supply of Goods and Guarantee) / Summary Judgment (order 14) Application Judgment Entered

Legal Issues

  1. 1 Whether the 1st Defendant ordered and received the goods and is liable to pay the Plaintiff
  2. 2 Whether the 1st Defendant applied for and accepted the credit facility application
  3. 3 Whether the Plaintiff is entitled to charge interest at 1.5% per month for late payment

Ratio Decidendi

Plaintiff proved a prima facie case by producing signed credit application, delivery orders bearing the 1st Defendant’s stamp, invoices with 7-day objection clauses, statement of account and a continuing guarantee signed by the 2nd and 3rd Defendants; Defendants’ denials were bare, unparticularized and unsupported by contemporaneous documents and thus did not raise triable issues; contractual clauses entitle Plaintiff to 1.5% monthly interest and the guarantee contains a principal debtor and continuing guarantee clause making the 2nd and 3rd Defendants jointly and severally liable; therefore summary judgment was appropriate and entered for the Plaintiff.

Court Disposition

Summary judgment entered for the Plaintiff against all Defendants

Orders

  • Summary judgment entered for the Plaintiff against the Defendants for payment of RM1,049,608.23 (principal and late payment interest)
  • Costs awarded to the Plaintiff subject to allocatur