Malaysia Case Law: Decisions & Judgments

Topic

Admission by payment

Legal area

Court

20 Jan 2023

SARASWATHI A/P NADARAJAN K.H KHOON CONSTRUCTION SDN BHD

Citation

PA-12A-25-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12A-25-06/2022 (Mahkamah Tinggi)

The Defence was struck out because on the face of the pleadings it was plain and obvious that (1) there was no contractual term requiring Architect's Certificates to support progress bills, (2) the Defendant admitted and made payments (including after service of the writ) which constitute admissions of liability, and (3) estoppel in favour of the Defendant was not established; accordingly the Order 18 r 19 summary procedure was properly applied and the Sessions Court's striking out and judgment against the Defendant was affirmed.
18 Jan 2023

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

Citation

WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-82-02/2022 (Mahkamah Tinggi)

On the balance of probabilities contemporaneous documents and unconditional payments established that services were provided, the agreed professional fees were RM1,600,000 and outstanding RM533,600; those payments constituted an admission/estoppel which negated the alleged breach of fiduciary duty and conspiracy; therefore plaintiff entitled to summary judgment and the defendant's counterclaim discloses no reasonable cause of action and is struck out.
18 Jan 2023

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

Citation

WA-22NCC-82-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-82-02/2022 (Mahkamah Tinggi)

Unconditional payments on invoices that reference the engagement, together with contemporaneous documents evidencing the advice rendered, established a prima facie case of liability; MDSB's denials were inconsistent with those documents and payments and thus failed to raise a real defence, warranting summary judgment for the plaintiff and striking out of the counterclaim.

Malaysia Case Law

SARASWATHI A/P NADARAJAN K.H KHOON CONSTRUCTION SDN BHD

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong

MOORE ADVENT TAX CONSULTANTS SDN BHD MENANG DEVELOPMENT (M) SDN BHD PIHAK TERKILAN Shun Leong Kwong