Malaysia Case Law: Decisions & Judgments

Topic

Invoicing

Legal area

Court

12 Jul 2023

Heng Thian Boon Grand Art Printing & Packaging Sdn. Bhd.

Citation

MA-A72NCvC-126-08/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-A72NCvC-126-08/2022 (Mahkamah Majistret)

The court found the plaintiff failed to prove the existence of a contract on the balance of probabilities because the invoices were not acknowledged by the defendant, originals were not established and crucial corroborating documents (Purchase Orders and Delivery Orders) were absent; accordingly the plaintiff's claim was dismissed and costs awarded.
23 Jul 2021

CIRCUITRY ELECTRICAL ENGINEERING INTERNATIONAL SDN BHD SERBA DINAMIK INTERNATIONAL LTD.

Citation

B-22NCC-11-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

B-22NCC-11-01/2021 (Mahkamah Tinggi)

Although the Plaintiff met the preliminary formal requirements for summary judgment, the Defendant raised multiple bona fide triable issues—competing PO versions affecting duty allocation, disputed place and proof of delivery, conditional payment obligations under Addendum A, alleged non-conforming goods and disputed invoices—such that it was not appropriate to dispose of the matter summarily; summary judgment was dismissed and costs awarded to the Defendant.
22 Feb 2021

Mohd Yasin Bin Sudin (berniaga sebagai Edaran Makmur Enterprise) FANDORA RECOVERY SDN. BHD.

Citation

A52NCC-376-09-2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCC-376-09-2020 (Mahkamah Sesyen)

Plaintiff satisfied Order 14 preliminary requirements and established a prima facie case supported by contemporaneous documents and partial payments by defendant; defendant's averments are bare, inconsistent and afterthoughts that are not triable on affidavit. Summary judgment entered for the unpaid balance of RM264,500 with interest and costs.
3 Oct 2019

Ching Keng Building Materials Sdn Bhd 1. Husamudin bin Mohd Zin 2. Uca Contractor Enterprise

Citation

JC A52NCC-49-11-2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JC A52NCC-49-11-2018 (Mahkamah Sesyen)

The court found documentary evidence (tax invoices, delivery orders, ledger, overdue account and settlement letter) established supply, payments and an outstanding balance; defendants failed to present credible, specific evidence creating a triable issue on liability or interest calculation, therefore summary judgment was appropriate and plaintiff's application was allowed with costs.

Malaysia Case Law

Heng Thian Boon Grand Art Printing & Packaging Sdn. Bhd.

CIRCUITRY ELECTRICAL ENGINEERING INTERNATIONAL SDN BHD SERBA DINAMIK INTERNATIONAL LTD.

Mohd Yasin Bin Sudin (berniaga sebagai Edaran Makmur Enterprise) FANDORA RECOVERY SDN. BHD.

Ching Keng Building Materials Sdn Bhd 1. Husamudin bin Mohd Zin 2. Uca Contractor Enterprise