27 Jun 2022
1. ) TEGUH KUALITI SDN BHD 2. ) ZAINODDIN BIN AZAHARI SATF EQUITY HOLDINGS (M) SDN BHD
- Citation
- DA-12ANCvC-7-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12ANCvC-7-11/2021 (Mahkamah Tinggi)
The High Court found the Order 14 prerequisites satisfied (appearance, service, compliant affidavit) and that documentary and testimonial evidence established a prima facie case of a binding joint venture and settlement agreement with variation; the burden therefore shifted to appellants who failed to demonstrate any triable issues. The judge accepted that MJBS acted for the respondent and that appellants were estopped from denying the agreements, so summary judgment was upheld and the appeal dismissed with costs of RM6,000 subject to 4% allocator.