Malaysia Case Law: Decisions & Judgments

Topic

Account stated

Legal area

Court

2 May 2025

PAINT MARKETING CO (M) SDN BHD 1. ) NG FATT CHUAN 2. ) BIBI NUR BINTI KHAIRUL TAN @ TAN CHAI LONG

Citation

BC-A52NCC-32-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BC-A52NCC-32-09/2024 (Mahkamah Sesyen)

The amended counterclaim disclosed no reasonable cause of action because allegations of fraud and misrepresentation lacked required particulars (no persons, dates, events or specific representations), and claims for special damages were not particularised; coupled with defendants' failure to contemporaneously dispute payments (estoppel/account stated), the counterclaim was prima facie unsustainable and therefore frivolous/vexatious and properly struck out under Order 18 r.19; costs awarded to plaintiff RM3,000.00.
17 Mar 2025

EMUM CAPITAL SDN BHD 1. ) GREAT CONCRETE SDN BHD 2. ) TEH KHYE CHIN 3. ) ANANDARAO A/L ATCHANNAH

Citation

WA-22NCC-573-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-573-08/2024 (Mahkamah Tinggi)

Plaintiff established a prima facie case: deliveries were acknowledged, invoices and approval letter provided contractual basis for sums and late interest, suspension of credit was lawful under express contract terms, no evidence of waiver, guarantee was admitted and enforceable; defendants failed to raise triable issues and their counterclaim was obviously unsustainable and thus summary judgment and striking out were justified.
10 Mar 2025

DK WORLD RESOURCES (M) SDN BHD RUBBERFLEX SDN BHD

Citation

WA-A52-63-06/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52-63-06/2022 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff proved a running account and outstanding debt by production of PO, DO (acknowledged by defendant) and invoices; defendant failed to raise timely objections and was estopped from relying on late complaints; defendant failed to prove defects, causation or quantified losses and produced no competent expert or documentary proof; no confidentiality agreement existed and published material did not disclose trade secrets. Judgment for plaintiff for RM212,186.50 with interest and costs; defendant's counterclaim dismissed with costs.
2 Jan 2025

PK JUITA SDN BHD 1. ) AF CENTRIC SOLUTIONS SDN. BHD. 2. ) ALBERT CHIA KET SHIN 3. ) Jiang, Zhou

Citation

JA-A52NCC-19-01/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCC-19-01/2024 (Mahkamah Sesyen)

The court found the quotations, work orders and invoices collectively formed a written contract which Defendant 1 accepted (stamped and signed), Defendant 1 made partial payments and failed to raise timely or substantive objections; therefore Defendant 1 had no meritorious defence and summary judgment under Order 14 was appropriate.
18 Dec 2024

SHARIKAT SUKMA KEMAJUAN DAN PERUSAHAAN SDN. BHD. REI HOLDINGS SDN. BHD.

Citation

JA-22C-2-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-2-05/2024 (Mahkamah Tinggi)

Defendant failed to establish any bona fide triable issue: JLM's contemporaneous confirmation negated alleged permit breaches; fraud and conspiracy allegations were unpleaded until after the summary application and unsupported by documents; defendant had not objected to account statements or deliveries (giving rise to estoppel). Consequently plaintiff satisfied Order 14 prerequisites and is entitled to summary judgment, and defendant's counterclaim discloses no reasonable cause of action and is struck out under Order 18 r.19.
15 Nov 2024

NEGERI SEMBILAN CEMENT INDUSTRIES SDN BHD 1. ) TRU-MIX CONCRETE SDN BHD 2. ) HO HUP CONSTRUCTION COMPANY BERHAD

Citation

BA-22NCvC-239-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-239-06/2024 (Mahkamah Tinggi)

The court found the Plaintiff proved the debt on the basis of the Contract's conclusive evidence clause, unchallenged Statements of Account, admissions in e-mail communications and estoppel by account stated; the Defendants failed to particularise bona fide triable issues under oath; accordingly there were no triable issues and summary judgment was entered for the Plaintiff against both Defendants, who are jointly and severally liable under the Guarantee.
15 Oct 2024

SYABAS AUTO SERVICE SDN. BHD. CSE TRUCKING SDN. BHD.

Citation

JA-A52NCC-245-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52NCC-245-11/2021 (Mahkamah Sesyen)

Documentary evidence comprising repair orders, jobsheets, tax invoices, account statements and emails established delivery and acceptance and a clear outstanding balance; defendant made no timely protest to create a bona fide dispute and is estopped by account-stated; defects in some documents were unpleaded and amounted to afterthoughts; limitation defence was not pleaded; therefore plaintiff proved the debt and is entitled to judgment and costs.
15 Jun 2023

CEMPAKA JOHAN SDN BHD MERCHANT SYNERGY SDN BHD

Citation

BA-22NCvC-229-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-229-07/2020 (Mahkamah Tinggi)

The court accepted the Progress Claim & Payment Statements signed and "Verified & Confirmed" by the Defendant's director as binding admissions amounting to an account stated for RM9,210,013.04 (including GST) under s18 Evidence Act; contemporaneous CPCs, CMGDs and CCCs established completion and refuted Defendant's defect set-off; Defendant failed to prove counterclaim/LAD (documents unreliable, post-litigation or unsubstantiated) and had waived or was precluded from imposing LAD; accordingly judgment for Plaintiff for the stated sum and dismissal of Defendant's counterclaim.
12 Aug 2022

CHEONG VOON CHOY DH FRESH FOOD SDN. BHD.

Citation

AA-A52NCC-81-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A52NCC-81-11/2021 (Mahkamah Sesyen)

Defendant failed to raise any credible triable issue: invoices and account statements were received and stamped by defendant without objection, the defence that some invoices belonged to Super Fresh Food Sdn Bhd was unsubstantiated and implausible, and non-objection estops the defendant; therefore summary judgment under Order 14 was justified and entered for the plaintiff for the claimed sum with costs.
4 Feb 2022

MULTI STEEL INDUSTRIAL SUPPLY SDN BHD SAPURA FABRICATION SDN BHD

Citation

CA-A72NCC-177-11/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CA-A72NCC-177-11/2021 (Mahkamah Majistret)

Plaintiff satisfied Order 14 formal requirements and produced contemporaneous invoices and delivery notes constituting a written contract; the defendant failed to challenge those documents or raise a bona fide triable issue — its denials were bare and afterthoughts — therefore there was no defence on the merits and summary judgment was appropriate.