17 Sept 2021
1. ) CHAN LAI YOKE (IC No: 731020-08-5734) 2. ) KONG WAI CHEN (IC No: 711026-14-5277) E.S.S. ENGINEERING SDN BHD (Company No: 120725-X)
- Citation
- AA-12ANCC-11-12/2019 & AA-12ANCC-12-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-12ANCC-11-12/2019 & AA-12ANCC-12-12/2019 (Mahkamah Tinggi)
The court set aside summary judgment because the defendants produced contemporaneous documents and admissions (2015 Agreement, 11 June 2020 letter by director CSJ, audited financial statements signed by directors, and CSP's admission in separate litigation) that raised at least one bona fide triable issue—namely whether the Claimed Sum had been paid to the plaintiff—and therefore summary judgment under Order 14 was inappropriate; appeal allowed and defendants given leave to defend.