6 Apr 2023
ZHEJIANG DINGCHENG INTERNATIONAL TRADE CO. LTD SHA ASIA MINING SDN BHD
- Citation
- WA-22NCC-507-11/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-507-11/2021 (Mahkamah Tinggi)
Plaintiff satisfied preliminary O.14 requirements and established a prima facie case; Defendant failed to raise any credible triable issues—its denials were inconsistent with contemporaneous documents and conduct (including acceptance and partial payment), it produced no evidence for force majeure, and the Second Variation Letter was supported by signed copy and communications; therefore summary judgment entered for Plaintiff for refund USD247,000 and liquidated damages USD594,000 and Defendant’s counterclaim struck out as unsustainable/res judicata.