Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Estoppel by admission

Legal area

Court

6 Dec 2023

1. ) TAI WENG CONSTRUCTION & ENGINEERING SDN. BHD. 2. ) WONG YEW WOH POSIM MARKETING SDN. BHD.

Citation

WA-12ANCC-42-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-42-06/2023 (Mahkamah Tinggi)

Summary judgment was properly granted and affirmed because the plaintiff proved the debt with invoices, delivery orders and debit notes and the 1st defendant admitted liability in writing, rendering the defendants' challenges mere afterthoughts and estopped, therefore no triable issues existed under Order 14 ROC.
7 Jul 2020

LIVE SCAPE SDN. BHD. (No. Syarikat: 923338-T) WORLD WONDER FEST SDN. BHD. (No. Syarikat: 1308027-K)

Citation

WA-22NCvC-587-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-587-08/2019 (Mahkamah Tinggi)

The court found clause 5.2.2 and Schedule 1 unambiguous creating a contractual obligation for Defendant to pay USD500,000 within 45 days; Defendant's WhatsApp admissions constituted estoppel against asserting alternative defences; alleged failure to obtain PUSPAL was a late, afterthought defence and did not create a triable issue. Consequently no real prospect of a successful defence existed and summary judgment for USD500,000 was appropriate.