XIN XIN ENGINEERING SDN BHD EONMETALL TECHNOLOGY SDN BHD

XIN XIN ENGINEERING SDN BHD EONMETALL TECHNOLOGY SDN BHD

The court found defendants raised bona fide, substantial triable issues—technical disputes over machine performance, alleged defects, repairs and missing manuals—that cannot be resolved on affidavit evidence alone; accordingly summary judgment was refused and the plaintiff's application dismissed with costs.

Citation
BL-22NCvC-32-11/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Xin Xin Engineering Sdn Bhd; Defendant: Eonmetall Technology Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 April 2022
Case Number
BL-22NCvC-32-11/2021 (Mahkamah Tinggi)
Procedural Posture
Contract Debt Claim / Summary Judgment Application (order 14)
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Breach of Contract, Misrepresentation, Defective Goods, Withholding Payment, Remedies and Costs
Source Language
Malay/English
Contract Law Civil Procedure Commercial Law Debt Recovery Summary Judgment Breach of Contract Misrepresentation Defective Goods +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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Xin Xin Engineering Sdn Bhd

Plaintiff

Eonmetall Technology Sdn Bhd

Defendant

Procedural Posture

Contract Debt Claim / Summary Judgment Application (order 14)

Legal Issues

  1. 1 Whether plaintiff is entitled to summary judgment for RM2,676,910.76
  2. 2 Whether plaintiff breached the contract by supplying machines that do not achieve 24,000-30,000 gloves per hour
  3. 3 Whether plaintiff misrepresented the machine's production capacity

Ratio Decidendi

The court found defendants raised bona fide, substantial triable issues—technical disputes over machine performance, alleged defects, repairs and missing manuals—that cannot be resolved on affidavit evidence alone; accordingly summary judgment was refused and the plaintiff's application dismissed with costs.

Court Disposition

Application for summary judgment dismissed

Orders

  • Plaintiff's summary judgment application dismissed
  • No judgment entered for RM2,676,910.76 in favour of the Plaintiff