Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Deemed acceptance clause
  • 25 Jan 2022

    POS LOGISTICS BERHAD CARPET PRIMA SDN BHD

    Citation
    WA-A72NCvC-3057-05/2021 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-3057-05/2021 (Mahkamah Majistret)

    Plaintiff established a prima facie case under Order 14 RHC; the burden shifted to the defendant to demonstrate triable issues. The defendant failed to show any bona fide triable issues because the disputed invoices were consistent with the defendant's own requests and the defendant did not object within the contractual 14-day period. Allegations about a third party and operational issues were not pleaded or supported and amounted to afterthoughts. Summary judgment was therefore appropriate for the plaintiff's claimed prayers with costs awarded.