19 Oct 2020
UNIUTAMA EDUCATION AND CONSULTANCY SDN. BHD. 1. PUJANGGA SARI (M) SDN. BHD. 2. KOLEJ TEKNOLOGI ALPHA
- Citation
- KA-22NCvC-73-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-73-10/2019 (Mahkamah Tinggi)
On the affidavit record and pleadings the court found plaintiff proved a clear contractual claim on balance of probabilities supported by contemporaneous invoices showing acceptance and payment at RM187.50 per credit hour; defendants failed to prove the alleged mutual mistake or to raise any bona fide triable issue; defendants were estopped from denying the invoiced rate; s29 Limitation Act inapplicable because the alleged mistake was unproven; accordingly summary judgment under Order 14 was appropriate for the invoiced sums and contractual interest and defendants' counterclaim was dismissed.