Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Delivery

Legal area

Court

8 May 2024

SALURAN PASIFIK SDN. BHD. PETRO FLANGES AND FITTINGS SDN BHD

Citation

CA-A52NCvC-74-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A52NCvC-74-12/2023 (Mahkamah Sesyen)

The defendant failed to raise clear, bona fide triable issues. The undisputed contemporaneous documents (purchase orders, delivery orders, invoices) established a 60-day payment term and did not show any clear agreement that liability was contingent on third-party payment. Deliveries were acknowledged as received in correct quantity and good condition, and the defendant did not particularise delay. The post-dated cheque issue did not amount to a triable defence. Summary judgment was therefore appropriate in favour of the plaintiff.
1 Jan 1900

Hubei Wanhe Food Co. Ltd GUAN HIANG MARKETING SDN BHD

Citation

A52NCVC-85-02/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCVC-85-02/2020 (Mahkamah Sesyen)

Plaintiff failed to prove its claim on a balance of probabilities because key contemporaneous contractual and export documents were not properly produced or proven, the draft Bill of Lading and other ID documents were inadmissible without their makers or proper proof, and adverse inferences were warranted under s114(g) for non-production of material evidence and witnesses; defendant's evidence of unmerchantable goods and prior dispute was accepted, therefore plaintiff's claim for USD53,266.50 was dismissed.