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2019 MarsdenLR 2388
HIGH COURT MALAYA KUALA LUMPUR
BUILDER ENTERPRISE SDN BHD – Appellant
Versus
HANG NEE ENTERPRISE SDN BHD – Respondent
[Civil Suit No: WA-22C-47-07-2018]
Summary judgment can be granted if the plaintiff establishes a prima facie case and the defendant fails to provide a valid defense.
Headnote:This judgment pertains to an application for summary judgment under O 14 of the ROC 2012 regarding the plaintiff's claim for RM5,421,364.03 for machinery supply. The court found the defendant had acknowledged a partial amount owed, thus allowing a summary judgment for RM5,152,628.66. The essential questions addressed were if the defendant could assert a legitimate defense. The court ruled requiring a deposit conditional for leave to defend, given the lack of a credible challenge from the defendant. The plaintiff is awarded RM5,152,628.66 along with interest and costs.
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| 1. plaintiff's claim involves rm5 million for services. (Para 1 , 3 , 4) |
[1] This is the plaintiff's application for summary judgment under O 14 of the Rules of 2012 (" ROC 2012") via encl 9. The preliminary requirements for proceeding under O 14 had been satisfied. The statement of claim had been served on the defendant. The defendant had entered an appearance and filed its Defence.
[2] The defendant, on the other hand, had filed an application under O 18 r 19 ROC 2012 to strike out the plaintiff's claim.
[3] The plaintiff's claim in the Statement of Claim is for the balance sum of RM5,421,364.03 for the amount owing by the defendant for the supply of machinery to extract sand and labour, lorries, barges and tugboats for transporting sand spanning the period from 2015 to 2018. The plaintiff had also claimed interest at 5% per annum from 1 March 2018 being the last date for due payment for the services rendered in February 2018 to date of realisation and costs.
[4] The plaintiff had claimed for a lesser amount for the summary judgment application for the sum of RM5,152,628.66 together with interest at 5% per annum from 1 March 2018 to date of realisation on ground that the sum prayed for in the summary judgment was not disputed by the defendant and that from the documents exhibited the defendant had admitted owing the said amount. This leaves a balance of RM268,735.37 which would have to proceed to trial if the Court is with the plaintiff.
