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HIGH COURT MALAYA PENANG
ASTINO (MALAYSIA) COLOUR STEEL SHEET SDN BHD – Appellant
Versus
KENCANA AMANJAYA SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for goods sold involves a significant debt and raises the issue of summary judgment. (Para 1 , 4 , 5) |
| 2. summary judgment considerations demand robust evaluations of triable issues and defendants' assertions. (Para 10 , 11 , 17 , 19) |
| 3. defendants must present valid defences to prevent summary judgments. (Para 13 , 14 , 18) |
| 4. appeal dismissal upholds the necessity of trial for disputed issues. (Para 35 , 36) |
Prelusion
[1] The Plaintiff sues the Defendants for goods sold and delivered.
[2] The 1st Defendant (D1) is the company that contracted with the Plaintiff, to supply goods to D1.
[3] The 2nd, 3rd and 4th Defendants (D2D3D4) are directors of D1. They signed a guarantee and indemnity with the Plaintiff, guaranteeing to pay the monies owed by D1 to the Plaintiff.
[4] The Plaintiff filed a suit in the Magistrates Court for RM81,396.83 as the amount outstanding for the goods sold and delivered. The Plaintiff also filed an Application to enter summary judgment against the Defendants. The Magistrates Court dismissed the Summary Judgment Application. The Plaintiff appeals to the High Court.
[5] Should the Plaintiff's Appeal be allowed? I
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