Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Interim payment under order 22a

Legal area

Court

29 Jul 2022

Muhammad Muaz bin Abdul Malek Modal Ehsan Sdn Bhd

Citation

BA-24NCvC-408-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-408-03/2022 (Mahkamah Tinggi)

Affidavit evidence and contemporaneous documents established delay and liability on the balance of probabilities at the upper end of the scale; therefore r.3(c) of O.22A is satisfied. Because this is an interlocutory application and quantum can be adjusted at trial, the court adopted the defendant's own most favourable LAD computation scenario for the interim stage and awarded RM510,964.96 as interim payment (RM425,804.15 for vacant possession and RM85,160.83 for common facilities).
9 Mar 2020

VISTA SUMMEROSE SDN. BHD. (No. Syarikat: 751487-P) DATUK BANDAR KUALA LUMPUR

Citation

WA-22NCvC-489-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-489-07/2019 (Mahkamah Tinggi)

Court accepted defendant's documentary reconciliations and treated the plaintiff's affidavit admission as a material uncontested fact establishing that plaintiff had paid less than it asserted, creating reasonable certainty of an outstanding sum of RM34,812,501.20; exercising its discretion under Order 22A the court ordered that interim payment, granted an account and inquiry under Order 43 because plaintiff was the accounting party with sole possession of collection records, and granted mandatory interlocutory relief compelling full online access, on‑site verification rights, production of c…