28 Dec 2020
SOON HIN HARDWARE SENDIRIAN BERHAD (No. Syarikat: 197201000947 (12519-M)) SAPURA FABRICATION SDN BHD (No. Syarikat: 198201003562 (83307-K))
- Citation
- AA-A72NCC-439-07/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- AA-A72NCC-439-07/2020 (Mahkamah Majistret)
Plaintiff met Order 14 prerequisites and established a prima facie case; the late payment penalty was incorporated by reference to the buyer's standard terms as evidenced by the purchase orders and invoices; the defendant failed to demonstrate a meritorious or triable defence on (a) non-agreement of the clause, (b) calculation, or (c) non-delivery of penalty invoices; accordingly summary judgment was proper in favour of the plaintiff and costs awarded.