12 Feb 2025
Because the Plaintiff had signed and therefore knew of the 2018 Credit Facility and did not raise it in the original suit, there was no fraudulent concealment; therefore the Impugned Order was not obtained by fraud and the Plaintiff's action to impeach the order was unsustainable and properly struck out with costs.
16 Apr 2024
Court found Rising Star, not the plaintiff, was the main sub-contractor; the undated Agreement was a draft/template not intended to bind the parties; parties instead conducted themselves under an arrangement evidenced by purchase orders, delivery orders, invoices and a Credit Facility which established a contract between plaintiff and defendant for sale and supply of goods. Defendant had made partial payments and remained liable for outstanding sums. Arbitration clause was not invoked and did not oust the court. Judgment entered for plaintiff and costs awarded.
17 Nov 2022
No triable issues existed because defendants had admitted indebtedness by the Settlement Agreement and conduct (part payments, deposit of post-dated cheques, later correspondence), the plea of non est factum was not proved, and dishonoured post-dated cheques provided an independent cause of action under s47 of the Bills of Exchange Act; therefore summary judgment was proper and the appeal dismissed.
27 Oct 2022
The court found no bona fide triable issues: documentary evidence (delivery orders, invoices) and the First Defendant's unprivileged admission established the debt; the Letter of Guarantee and Indemnity is a continuing guarantee permitting variation and therefore the guarantors remain liable beyond the alleged RM200,000 limit; defendants failed to rebut with specific documentary evidence or deny demands in affidavits, so summary judgment was appropriate.