29 Aug 2022
HI-TECH MIX SDN BHD 1. ) GIGA ENGINEERING & CONSTRUCTION SDN BHD 2. ) AB RAUB BIN RAZALI
- Citation
- BA-22NCC-18-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-18-02/2022 (Mahkamah Tinggi)
Plaintiff proved delivery and the liquidated debt; the alleged settlements were only payment arrangements that did not extinguish the original contractual rights or discharge the guarantor in the absence of evidence that the Plaintiff accepted the settlements as a full substitution of rights; defendants failed to raise affidavit evidence of a bona fide triable defence; therefore summary judgment was warranted, with liability joint and several and costs awarded to Plaintiff.