Malaysia Case Law: Decisions & Judgments

Topic

Interest on overdue accounts

Legal area

Court

22 May 2023

W T STEEL SDN BHD 1. ) SVR BUILDERS (M) SDN BHD 2. ) VIKNESWARAN A/L RAJA GOBAL 3. ) ARUMUGAN A/L PALANIAPPAN

Citation

WA-22NCC-699-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-699-12/2022 (Mahkamah Tinggi)

Plaintiff proved a prima facie case by producing signed credit application, delivery orders bearing the 1st Defendant’s stamp, invoices with 7-day objection clauses, statement of account and a continuing guarantee signed by the 2nd and 3rd Defendants; Defendants’ denials were bare, unparticularized and unsupported by contemporaneous documents and thus did not raise triable issues; contractual clauses entitle Plaintiff to 1.5% monthly interest and the guarantee contains a principal debtor and continuing guarantee clause making the 2nd and 3rd Defendants jointly and severally liable; therefore…
21 Dec 2022

SG HOME STYLE SDN BHD NG KIM LIAN

Citation

WA-A72NCvC-6057-11/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-6057-11/2021 (Mahkamah Majistret)

On the balance of probabilities the court found the Whatsapp exchange (consistent use of the OK gesture) constituted acceptance by the defendant of the 15% attendance fee for carpentry and flooring and invoices unambiguously reserved interest at 1.5% per month; therefore plaintiff proved entitlement to RM21,807.20 and interest at 1.5% per month on RM73,213.55 from 16.3.2021 until full settlement, with costs taxed.
14 Sept 2020

SSP SUPPLY SDN BHD BUKIT FRASER THERMAL TECHNOLOGY SDN BHD (FORMERLY KNOWN AS BUKIT FRASER ENGINEERING SDN BHD)

Citation

WA-12ANCC-33-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCC-33-03/2020 (Mahkamah Tinggi)

The appeal was dismissed and the Sessions Court's summary judgment was upheld because the defendant failed to raise any triable issue: invoices and an earlier letter established the agreed 1.5% monthly interest and the defendant's acknowledgement of the debt; the 'without prejudice' label was inapplicable because the correspondence did not arise from settlement negotiations; and the bare allegation of non‑registration under the Sales Tax Act did not show illegality affecting enforceability of the transaction.
1 Jan 1900

CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd

Citation

WA-22NCC-271-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-271-07/2020 (Mahkamah Tinggi)

Defendants failed to adduce contemporaneous evidence or particulars to raise any genuine triable issues; signed delivery orders and invoices with objection windows, coupled with partial payments and silence, estopped defendants from disputing sums; the letters dated 26.8.2019 and 14.5.2020 were without-prejudice settlement proposals/forbearances and did not discharge the continuing corporate guarantee which expressly permitted indulgences and variations; accordingly summary judgment was appropriate to enter for the plaintiff for the outstanding debt and to enforce the guarantee.

Malaysia Case Law

W T STEEL SDN BHD 1. ) SVR BUILDERS (M) SDN BHD 2. ) VIKNESWARAN A/L RAJA GOBAL 3. ) ARUMUGAN A/L PALANIAPPAN

SG HOME STYLE SDN BHD NG KIM LIAN

SSP SUPPLY SDN BHD BUKIT FRASER THERMAL TECHNOLOGY SDN BHD (FORMERLY KNOWN AS BUKIT FRASER ENGINEERING SDN BHD)

CJ Century Technology Sdn Bhd 1. Axisjaya Sdn Bhd 2. Seri Mutiara Development Sdn Bhd