JUDGMENT

Norhanum Hassan M:

Introduction

[1] This is an application by the Plaintiff, T-One Motor Works Sdn Bhd, under O 14 of the Rules of 2012, seeking summary judgment against the Defendant, Yap Pui Har. The Plaintiff asserts that the Defendant has no valid defence, and the matter does not warrant a full trial.

[2] The claims involve two sums: RM72,500.00 paid via cheques for services allegedly not provided and RM1,409.00 transferred via DuitNow for a phone purchase that still needs to be completed. The Defendant denies liability, asserting that these payments were connected to a third party, Yap Chee Ming.

Background

[3] The Plaintiff claims that RM72,500.00 was paid to the Defendant over a defined period for services under an implied contractual arrangement. However, the Defendant allegedly failed to render any services, constituting a total failure of consideration. The Plaintiff further claims that RM1,409.00 was transferred for purchasing a company phone, which the Defendant neither procured nor refunded, amounting to unjust enrichment.

[4] The Defendant acknowledges receipt of both sums but disputes the Plaintiff's assertions, contending that the payments were linked to a third