Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Financial statements

Legal area

Court

7 Dec 2023

Suthan a/l Panchadcharam Isha Educare Sdn Bhd

Citation

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)

The court granted summary judgment because the auditor's confirmation of balance, unqualified financial statements filed by the Defendant, the Defendant's pleadings and failure to rebut or reply to demand constituted clear admissions and contemporaneous documentary proof of the debt of RM838,672.54; no bona fide triable issue was shown and the burden to disprove shifted to the Defendant who failed to do so.
7 Dec 2023

Suthan a/l Panchadcharam Isha Educare Sdn Bhd

Citation

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-B52NCC-99-07/2023 (Mahkamah Sesyen)

Summary judgment was entered because contemporaneous documentary evidence (auditor's confirmation, unqualified financial statements filed at SSM, statutory declarations by director, and letter of demand) together with judicial admissions in the defence established the debt of RM838,672.54 and showed no bona fide triable defence; the defendant's third‑party indemnity plea did not negate liability and the discovery application was nugatory.