15 Nov 2024
NEGERI SEMBILAN CEMENT INDUSTRIES SDN BHD 1. ) TRU-MIX CONCRETE SDN BHD 2. ) HO HUP CONSTRUCTION COMPANY BERHAD
- Citation
- BA-22NCvC-239-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-239-06/2024 (Mahkamah Tinggi)
The court found the Plaintiff proved the debt on the basis of the Contract's conclusive evidence clause, unchallenged Statements of Account, admissions in e-mail communications and estoppel by account stated; the Defendants failed to particularise bona fide triable issues under oath; accordingly there were no triable issues and summary judgment was entered for the Plaintiff against both Defendants, who are jointly and severally liable under the Guarantee.