15 Jun 2021
CITYPOINT STRATEGIES SDN BHD (COMPANY NO.: 986817-U) TRITON EQUITY SDN BHD (In Liquidation) (COMPANY NO.: 958701-A)
- Citation
- WA-12ANCvC-108-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCvC-108-04/2021 (Mahkamah Tinggi)
The Sessions Court erred in entering summary judgment because the Respondent failed to prove existence and terms of an implied agreement on the affidavit record; contemporaneous documents and disputed annotations and correspondence raised bona fide triable issues including disputed amounts and a set-off claim under Companies Act s526 that required oral evidence; accordingly the appeal is allowed, the summary judgment is set aside and the matter is remitted for trial.