Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Counterclaim for overpayment

Legal area

Court

19 Aug 2022

MUJIBUDDIN BIN ZAINUDDIN 1. ) A. GHANI BIN MD TAHIR 2. ) MOHAMAD HAFIDH BIN ABDUL GHANI

Citation

BA-22NCvC-31-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-31-01/2022 (Mahkamah Tinggi)

Defendants failed to establish any bona fide triable issue on affidavit or produce contemporaneous documentary proof that Plaintiff consented to the payment of his RM4.5m dividend to third parties; denials and unsubstantiated assertions are insufficient under Order 14, therefore summary judgment for the Plaintiff is appropriate.
13 Oct 2021

USMAN BIN MUSTAFFA SKF SOLUTION SDN BHD

Citation

WA-12ANCC-88-06/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-88-06/2021 (Mahkamah Tinggi)

The appeals were dismissed because the plaintiff established a prima facie case by contemporaneous documentary evidence (Agreement, payment voucher, cheque, statutory statement of account), the defendant's explanations were bare denials unsupported by documents and therefore not bona fide triable issues, and the counterclaim was on its face obviously unsustainable.