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2021 MarsdenLR 1583
HIGH COURT MALAYA JOHOR BAHRU
SUNWAY SEAFRONT SDN BHD – Appellant
Versus
ONECLE SOLUTION SDN BHD (ENCL 30) – Respondent
[Civil Suit No: JA-22NCVC-18-02/2020]
The court upheld that a plaintiff applying for summary judgment must establish a prima facie case, shifting the burden to the defendant to demonstrate a bona fide defense, which must be substantiated beyond mere assertions.
Headnote:(A) Rules of Court 2012 – Order 14 – Summary Judgment – Plaintiff's application for summary judgment granted due to Defendant's failure to raise triable issues, rent non-payment, and lack of credible defense. Defendant's claims of misrepresentation, collaboration, and right to suspend payments rejected as without merit. (Paras 4, 12, 16, 19, 25)
Facts of the case: The Plaintiff rented the Demised Premises to the Defendant, who failed to pay monthly rentals from October 2018 to January 2019, leading to termination of the Agreement.
Findings of Court: Defendant failed to present a bona fide defense, and the robust evidence favored the Plaintiff's application for summary judgment.
Issues: Whether misrepresentation occurred, the nature of the landlord-tenant relationship, right to suspend payments, and validity of the agreement's date.
Ratio Decidendi: The court emphasized the lack of merit in Defendants' claims and adherence to the Agreement's terms, specifically pointing out that unsubstantiated assertions do not constitute a defense.
Result: Plaintiff's claim allowed with costs.
JUDGMENT
[Enclosure 30 - Summary Judgment]
Introduction
[1] This is the Plaintiff's application for Summary Judgment against the Defendant under O 14 of the Rules of ("ROC") 2012.
Background Facts
[2] The Plaintiff let out the Ground Floor, Mezzanine Floor and First Floor of a building with postal address at Plot F43, PTD 200680, Medini Zon F, Mukim Pulai, Daerah Johor Bahru, measuring 15,623 sq ft ("the Demised Premises") to the Defendant on an "as is where is" basis subject to the terms of a Tenancy Agreement ("the Agreement") dated 1 August 2018. The Demised Premises was rented for the purposes of subleasing of offices and event space to be used by third parties.
Salient Terms Of The Agreement
[3] The salient terms of the Agreement are as follows;
a) Tenancy period
The tenancy is for a period of three (3) years commencing from 1 August 2018 ("Commencement Date").
b) Monthly Rental
i. The Defendant shall pay to the Plaintiff monthly rental in the sum of RM62,492.00 ("Monthly Rental") on the Commencement Date, provided that the Defendant is entitled to a rebate of RM24,996.80 for the first twelve (12) months from the Commencement Date.
ii. The Defendant shall pay and continue to pay the Monthly Rental regardless of any set-off, cross claim or deduction it may claim against the Plaintiff and regardless of any dispute which may arise (SIC) between the parties out of the Tenancy Agreement.
c) Consequences of Termination
i. The Plaintiff shall be entitled to forfeit the whole of the deposits absolutely together with the interest accrued thereon and further claim for liquidated damages being Monthly Rental calculated from the date of the forfeiture notice to the date of vacant possession exclude six (6) (SIC) months rental being the Agreed Liquidated Ascertained Damages ("Agreed LAD").
ii. The Defendant shall forthwith peaceably and quietly yield up and deliver to the Plaintiff vacant possession of the Demised Premises together with all the Fixtures and all additions therein in good and tenantable repair and clean condition.
d) Failure to Vacate the Demised Premises
If the Defendant fails, refuses or neglects to yield or vacate the Demised Premises upon the termination of the Tenancy Agreement, the Defendant shall:
i. Pay to the Plaintiff a sum equivalent to two times the amount of the Monthly Rental of the Demised Premises, for each month, following the termination of the Tenancy Agreement until delivery of vacant possession;
e) No Representations and Warranties
The Defendant declares and warrants that no promise, representation, warranty or undertaking has been given by or on behalf of the Plaintiff in respect of the state, condition and nature of the Demised Premises or the suitability of the Demised Premises for any business to be carried on therein.
f) Reinstatement of the Demised Premises
The Defendant shall at its own cost reinstate the Demised Premises to its original condition at the termination of the Tenancy Agreement within fourteen (14) days prior to the Defendant vacating the Demised Premises.
g) Entire Agreement
The Tenancy Agreement was not entered into by the parties in reliance of any agreement, undertaking, warranty or representation of any party not expressly contained or referred in the agreement.
Plaintiff's Case For Summary Judgment
[4] Pursuant to Schedule 2, cl 1 of the Tenancy Agreement, the Defendant gave the Plaintiff the following five (5) post-dated cheques ("Post-Dated Cheques") for the Monthly Rental for the months of September 2018 to January 2019, each for the first (1st) of the respective months:
[5] However, the said Post-Dated Cheques for the Monthly Rental for October 2018 until January 2019 were dishonoured upon presentation on the respective due dates.
[6] The Plaintiff alleges that, except for the month of September 2019, the Defendant had failed to pay rentals from October 2018 until January 2019. The Defendant also failed to pay utility bills due to Syarikat Air Johor ("SAJ") and security c
