26 Apr 2024
Troy Information Technology Malaysia Sdn Bhd Heitech Padu Berhad
- Citation
- WA-12ANCC-54-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-54-08/2023 (Mahkamah Tinggi)
The court held the plaintiff established a prima facie case and the defendant failed to raise any triable issue: the defendant's affidavit in reply was filed out of time without leave and was rightly excluded; the defendant's own correspondence amounted to admissions of the debt; the payment condition in the undated unstamped hardware maintenance agreement was an afterthought and, if relevant, imposed an obligation on the defendant to obtain the end user report; the defendant's separate claim against Nissen was unrelated. Therefore summary judgment was properly granted and the appeal was dism…