Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Past consideration

Legal area

Court

22 Sept 2022

LEE TECK TIONG LIM KIM HIN

Citation

CB-22NCvC-13-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCvC-13-06/2022 (Mahkamah Tinggi)

On the affidavits and exhibited documents the court found there are triable issues as to the existence, character and enforceability of the alleged guarantee (including issues of consideration and whether a principal debtor exists). Those issues cannot be resolved on strike‑out under Order 18 r.19 or by summary judgment on the material before the court. Accordingly both applications (KM7 and KM9) were dismissed and the substantive disputes remain for trial.
30 Jan 2020

SEPANG INTERNATIONAL CIRCUIT SDN BHD (NO. SYARIKAT : 457149-T) M7 RACING SDN BHD (NO. SYARIKAT : 885971-K)

Citation

JA-22NCC-2-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-2-01/2019 (Mahkamah Tinggi)

Defendant was estopped from denying the debt because its conduct and admissions (including rescheduling proposals and payments) acknowledged the obligation; documentary and witness evidence established the MYR300,000 was an initial payment towards the Agreed Fee for 2016 and a binding contract existed by conduct in 2016 despite formal signatures in 2017; Defendant failed to prove undue influence, uncertainty, or breach and failed to prove alleged losses, therefore Plaintiff's claim for the unpaid balance succeeds and Defendant's counterclaim fails.