16 Oct 2024
TRELEAF MART SDN BHD YONG SERN TIMBER TRADING SDN BHD
- Citation
- TA-A52NCvC-5-01/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- TA-A52NCvC-5-01/2023 (Mahkamah Sesyen)
The court held the defendant's counterclaim for late-payment interest (RM41,179.02) succeeded because the payment schedule in Schedule A and clause 7 of the sale agreements unambiguously entitled the seller to contractual interest on overdue instalments; the plaintiff admitted or failed to challenge the defendant's unchallenged detailed calculation and could not rely on delayed CCC as a defence to avoid contractual late-payment remedies. Consequently the plaintiff was bound to pay the calculated RM41,179.02.