Malaysia Case Law

16 Jan 2024

Ee Yuin Su 1. ) China Construction Yangtze River (Malaysia) Sdn. Bhd. 2. ) Penduduk-penduduk Di Dalam Premis

Citation

PA-A72-24-07/2023 (Mahkamah Majistret)

Court

Magistrates' Court

Case number

PA-A72-24-07/2023 (Mahkamah Majistret)

D2's failure to comply with mandatory timelines under Order 32 r13(2) and this Court's directions, coupled with the absence of any application for extension or supporting medical evidence and the failure to contradict D1's affidavit, amounted to admission of D1's assertions that the counterclaim disclosed no cause of action and was an abuse of process; accordingly the strike-out application was allowed and costs awarded.

• Striking out counterclaim
• Non-compliance with rules of court
• Service and use of affidavits (o.32 r.13(2))
• Abuse of process
• Failure to file written submissions

2 Aug 2022

1. ) MOHD HAFIZI BIN MOHD SALLEH 2. ) MUHAMMAD SHAHRUL IZHAM BIN ANUAR 3. ) ZABIDAH BINTI ATAN ACTIVE TRAFFIC SERVICES SDN. BHD.

Citation

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)

Court

High Court

Case number

BA-12ANCvC-42-04/2022 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's striking out of the appellants' counterclaim because the counterclaim was an obvious afterthought inconsistent with earlier admissions, lacked necessary particulars to disclose a cause of action or establish causation for the alleged pecuniary losses, and the trial judge properly exercised discretion under Order 18 r.19(1); appellate intervention was unwarranted as there was no plain error in fact or law.

• Striking out counterclaim
• Interlocutory application
• Admission of liability
• Sufficiency of particulars
• Appellate intervention
• Damages and causation

3 Jul 2020

CIMB Bank Dan 1 Lagi Sido Bangun (M) Sdn Bhd Dan 5 Lagi

Citation

WA-22NCC-639-11/2019 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCC-639-11/2019 (Mahkamah Tinggi)

Where a party who is a trustee has executed a valid charge containing personal covenants, the trustee is bound in personam to those covenants; Trustee Act protections do not automatically void consensual personal liability; sums secured by charge are recoverable within a 12-year limitation period under s21(1) Limitation Act 1953; accordingly there was no triable issue to resist summary judgment on amounts due up to the date of termination and the 6th Defendant's counterclaim was plain and obvious and struck out.

• Summary judgment
• Striking out counterclaim
• Trustee personal liability
• Enforcement of charge
• Limitation period for secured debts
• Privity of contract

20 Jan 2020

EFCO (MALAYSIA) SDN BHD (No. Syarikat : 410698-M) 1. SKYSCAPE INDUSTRIES (M) SDN BHD (No. Syarikat : 343782 – T) 2. SOO MENG KWI (No. K/P : 770209-04-5471) 3. WONG CHEE FAH (No. K/P : 570913-08-6369) 4. LAM KEK BOON (No. K/P : 7030220-01-65

Citation

BA-22NCVC-290-07/2019 (Mahkamah Tinggi)

Court

High Court

Case number

BA-22NCVC-290-07/2019 (Mahkamah Tinggi)

Plaintiff fulfilled procedural and evidential threshold for summary judgment by proving service, defendant appearance and affidavit support; documentary admissions (emails, payments, acknowledgment of delivery) and lack of supporting documentary evidence from Defendants meant no triable issues were raised; guarantors bound by joint and several guarantees and conclusive evidence clause and certificate of indebtedness; therefore summary judgment granted and counterclaim struck out as speculative.

• Summary judgment
• Striking out counterclaim
• Personal guarantee
• Conclusive evidence clause
• Certificate of indebtedness
• Estoppel against disputing invoices

12 Dec 2019

QQ Trading Sdn. Bhd. (No. Syarikat: 1195272) Hong Cheng Seafood Supplies Sd. Bhd. (No. Syarikat: 885400-M)

Citation

AB-22NCC-3-05/2019 (Mahkamah Tinggi)

Court

High Court

Case number

AB-22NCC-3-05/2019 (Mahkamah Tinggi)

Summary judgment was refused and the strike-out application dismissed because the defence and counterclaim disclose triable issues of fact (quality, merchantability, contractual terms, alleged failure of consideration and who breached first) that cannot be resolved on affidavits and require oral evidence and cross-examination; therefore the matters must proceed to trial.

• Summary judgment
• Striking out counterclaim
• Merchantability
• Failure of consideration
• Post-dated cheques
• Burden of proof

SIN KEAN BOON METAL INDUTRIES SDN BHD v TRIKKON CONSTRUCTION SDN BHD

Citation

SIN KEAN BOON METAL INDUTRIES SDN BHD v TRIKKON CONSTRUCTION SDN BHD

Court

Malaysian court

Five weeks from appearance (two weeks after defence) was not inordinate delay and the affidavit served more than four clear days before the return date complied with O.14 r.2; however, disputed issues as to whether claimed shortfall related to additional works outside the subcontract and whether architect's certificates were conclusive raised triable issues, so summary judgment was inappropriate and the interlocutory grant of leave to sign final judgment was set aside.

• Summary judgment
• Service of affidavit
• Inordinate delay
• Architect's certificate
• Variation orders
• Triable issue