In summary judgment applications, a defendant must establish triable issues; mere assertions are insufficient.

[1] By Notice of Application dated 14 November 2017, the Plaintiff seeks Summary Judgment under O 14 r (1)(2) of the Rules of 2012 (Encl 11) in relation to its claim in this proceedings. It claims Summary Judgment against the Defendant for breached the concession contract as stipulated in the Letter of Offer dated 18 February 2015.

[2] The Plaintiff's claim is plain and obvious and the Defendant has no defence to the Plaintiff's claim and there are not triable issues.

[3] The cause papers for this application are as follows:

(a) Notice of Application dated on 14 November 2017;

(b) Plaintiff's Affidavit in Support duly affirmed by Feizal Mohd Noor on 13 November 2017;

(c) Defendant's Affidavit in Reply affirmed by Dato' Faruk bin Othman on 28 November 2017;

(d) Plaintiff's Affidavit in Reply duly affirmed by Feizal Mohd Noor on 5 December 2017;

(e) Defendant's Affidavit in Reply (2) affirmed by Dato' Faruk bin Othman on 22 December 2017;

(f) Amended Writ of Summons dated 8 September 2017;

(g) Amended Plaintiff's Statement of Claim dated 8 September 2017;

(h) Amended Defendant's Statement of Defence and Counter Claim dated 24 November 2017;

(i) Plaintiff's Amended Reply to the Statement of Defence and Amended Defence to Amended Counter Claim dated 30 November 2017.

[4] To simplify the above affidavits, the Plaintiff is premised on the breached of the concession contract by the Defendant as stipulated in the Letter of Offer dated 18 February 2015 which the Plaintiff had given to the Defendant, a concession over a piece of land measuring approximately 22,530 sq. feet for the Defendant to carry out maintenance, repair, overhaul and aircraft services at the Light Aircraft Centre located at the Sultan Abdul Aziz Shah Subang Airport. The Plaintiff is claiming against the Defendant judgment for:

(i) The delivery of vacant possession of the concession area;

(ii) The outstanding sum of RM1,144,573-81 as at 31 March 2017;

(iii) Further late payment charges at 12% per annum on the principal sum of RM952,054-34 from 1 April 2017 onwards;

(iv) Double rental from 1 April 2017 onwards; and

(v) Cost and interest of 5% per annum on costs from date of judgment.

The Essential Fact

[5] Having gone through the pleadings and affidavits filed by the respective parties, I have concluded the facts below:

(a) By a written Letter of Offer dated 18 February 2015, the Plaintiff had given to the Defendant, a concession over a piece of land measuring approximately 22,530 square feet for the defendant to carry out maintenance, repair, overhaul and aircraft services at the Light Aircraft Centre located at the Sultan Abdul Aziz Shah Subang Airport;

(b) Among the terms of the said concession were:

(1) The period of the concession was 15 years beginning on 1 January 2013 till 31 December 2028;

(2) For the period relevant to the Plaintiff's claim herein, the Defendant was to pay the Plaintiff a concession fee of RM18,024-00 per month calculated at the rate of RM0.80 per square feet; and

(3) Late payment charges at the rate of 12% per annum would be payable by the Defendant on all overdue payments.

(c) As of 1 April 2015 when the law pertaining to the imposition of GST came into force, the concession fee was increased to RM19,105.44 per month inclusive of GST at the rate of 6% amounting to RM1,081.44;

(d) The Defendant failed, refused and/or neglected to pay the concession fee to the Plaintiff beginning 1 January 2013 and by reason thereof, the Defendant had breached the concession contract;

(e) By a letter dated 10 January 2017 issued by the Plaintiff's solicitors, the Defendant had been requested to remedy its default and breach by settling all payments due to the Plaintiff. The Defendant