Malaysia Case Law: Decisions & Judgments

Topic

Interest on overdue payments

Legal area

Court

30 Aug 2024

EASTMONT SDN BHD MEGA PLANNER JAYA SDN BHD

Citation

WA-22C-51-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-51-06/2019 (Mahkamah Tinggi)

SoFA returned signed and not disputed within the applicable PAM contractual dispute period (Clause 26.6/30.10) and is therefore final; Plaintiff proved entitlement to outstanding works, materials and variation sums on balance of probabilities; Defendant's counterclaim for LAD and rectification is both time-barred under Limitation Act 1953 and estopped by laches and Defendant failed to prove causation and quantum for alleged pile damage, so counterclaim dismissed.
31 Oct 2023

DESIGNLINK CONSULTANTS SDN. BHD. TANAH MESTIKA SDN. BHD.

Citation

BL-A52NCvC-10-02/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A52NCvC-10-02/2023 (Mahkamah Sesyen)

Court found no triable issues because defendant had admitted acceptance and by its subsequent conduct (settlement letter, issued cheques, and confirmation of indebtedness) acknowledged the debt; defendant's later denials were estopped. Documentary evidence (invoices, account statements, correspondence) established the indebtedness and the agreed interest term. Therefore the plaintiff's Order 14 application succeeded and summary judgment was entered for the claimed sums with costs.
8 Sept 2022

Galvapole Industries Sdn Bhd 1. ) Yang Fong M&E Engineering Trading Sdn Bhd 2. ) Muhammad Ng Tian Sue

Citation

WA-22NCC-77-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-77-02/2022 (Mahkamah Tinggi)

Plaintiff met Order 14 preliminary requirements; defendants failed to raise any bona fide triable issue because their denials were bare and contradicted by contemporaneous emails, part payments and lack of timely objection to invoices which contained notice making indebtedness conclusive; the Guarantee contained a principal debtor clause so no prior demand was necessary; accordingly summary judgment was appropriate and judgment entered for plaintiff for the claimed principal, interest and costs.
28 Jul 2021

LEE FROZEN FOOD SDN BHD GRAND PLATTERS SDN BHD

Citation

KB-A52NCC-41-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-A52NCC-41-11/2020 (Mahkamah Sesyen)

Plaintiff established a prima facie case by producing invoices and proof of delivery and acceptance; the invoices contained clear 30-day payment terms and an interest clause; defendant failed to raise credible triable issues and offered only bare denials; therefore summary judgment was proper and entered for the plaintiff.
28 May 2021

Pac Lease Berhad TMT Industry Sdn Bhd & 4 Lagi

Citation

WA-22NCC-30-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-30-01/2021 (Mahkamah Tinggi)

Plaintiff met Order 14 preliminary requirements and established a prima facie case; defendants failed to raise any triable issue on affidavit that would require a full trial; guarantors are jointly and severally liable under the Guarantee and Indemnity Agreement; therefore summary judgment was appropriate in favour of the plaintiff with costs.

Malaysia Case Law

EASTMONT SDN BHD MEGA PLANNER JAYA SDN BHD

DESIGNLINK CONSULTANTS SDN. BHD. TANAH MESTIKA SDN. BHD.

Galvapole Industries Sdn Bhd 1. ) Yang Fong M&E Engineering Trading Sdn Bhd 2. ) Muhammad Ng Tian Sue

LEE FROZEN FOOD SDN BHD GRAND PLATTERS SDN BHD

Pac Lease Berhad TMT Industry Sdn Bhd & 4 Lagi