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2019 MarsdenLR 2061

HIGH COURT MALAYA KUALA LUMPUR
JEBSEN & JESSEN (SOUTH EAST ASIA) PTE LTD & ANOR – Appellant
Versus
CITRANET SDN BHD – Respondent


Petitioner Advocates:S Muhillan ,Respondent Advocate: Richard WG Lee,Shiyamala Devi Manokaran,Michelle Wong Sook King

Table of Content
1. plaintiffs established a prima facie case. (Para 27 , 28 , 29 , 30 , 31)
2. admission of liability by defendant confirmed warranting summary judgment. (Para 35 , 40 , 41)
3. requirements for summary judgment met; burden on defendant to demonstrate a defense. (Para 36)

[25] In the case of Tetuan Kumar, Jaspal, Quah & Aishah v. Far Legion Sdn Bhd, [2003] 6 MLJ 95, the Court said:

"... a case is not suitable for summary determination pursuant to Order 14, if the Affidavit contains contradictory evidence which cannot be resolved except by trial."

[26] In the case of Bank Negara Malaysia v. Mohd Ismail & Ors, 1992 MarsdenLR 798 ; [1992] 1 CLJ Rep 14; [1992] 1 CLJ 627, the Supreme Court said:

"The determination of whether an issue is or is not triable must necessarily depend on the facts or the law arising from each case as disclosed in the affidavit evidence before the Court".

D. Analysis And Finding Of This Court

Order 14, Rule 1 Has Been Met By The Plaintiffs

[27] After perusing the cause papers, this Court agreed with the Plaintiff that the basic requirements of O 14, r 1 of the Rules of 2012, to enter summary judgment have been met, in the sense that the Amended Statemen

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