KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD

ba-12a-44-08-2024 High Court (Mahkamah Tinggi) 14 April 2025 • BA-12A-44-08/2024 • 11 min read
24 cases cited (0 SG, 24 foreign)

Catchwords

The Appellant, the Plaintiff in the court below, successfully obtained judgment for four months’ unpaid rental of RM320,000.00 against the Respondent, who was the Defendant in the lower court. Notably, there is neither an appeal nor a cross-appeal against this aspect of the Sessions Court’s decision. However, the Sessions Court also ruled in favour of the Respondent’s counterclaim, ordering the return of an earnest deposit of RM450,000.00 paid by the Respondent under a Letter of Offer to Purchase. Both the claim and counterclaim were determined through Order 14A and/or Order 33 of the Rules of Court 2012, reflecting the court’s reliance on the summary disposal of legal issues without a full trial. The only matter before this Court is the Appellant’s challenge against the Sessions Court’s decision to allow the Respondent’s counterclaim. This appeal, therefore, turns on a singular but pivotal issue: Did the learned Sessions Court Judge err in law and/or in fact in allowing the Respondent’s counterclaim?

Judges (1)

Choong Yeow Choy Delivered

Counsel (5)

Lope Maizura Firm Sanjay Mohan Firm Nurul Fatihah binti Mohamad Arof Counsel Appellant Raja Saidatul Akhma binti Raja Lope Counsel Appellant Rodney Gan Pei Rong Counsel Respondent

Parties (2)

KABAZ Sdn Bhd Appellant SARAWAK CONSOLIDATED INDUSTRIES BERHAD Respondent

Case Significance

KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD is a High Court (Mahkamah Tinggi) decision dated April 14, 2025 (citation: ba-12a-44-08-2024). The case was decided by Choong Yeow Choy.

Key issues: The only matter before this Court is the Appellant’s challenge against the Sessions Court’s decision to allow the Respondent’s counterclaim..

What was the outcome of KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD?

KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD is a High Court decision dated April 14, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)
s 66
Contracts Act 1960
s 66
Rules of Court 2012

Cases Cited (24)

MY (24)
[1987] 2 MLJ 711 [1996] 3 AMR 3533 [1996] 3 MLJ 327 [1997] 1 CLJ 625 [2000] 2 CLJ 13 [2000] 2 MLJ 412 [2007] 1 CLJ 123 [2007] 1 CLJ 498 [2007] 2 AMR 258 [2007] 2 MLJ 746 [2008] 1 AMR 1 [2008] 1 MLJ 743 [2015] 4 AMR 31 [2015] 8 CLJ 1173 [2017] MLJU 1964 [2019] 7 AMR 229 [2022] MLJU 229 [2023] 3 CLJ 485 [2023] 3 MLJ 393 [2023] AMEJ 0181 [2024] 3 MLRH 388 [2024] 4 AMR 189 [2024] 5 CLJ 322 [2024] 9 MLJ 380

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12a-44-08-2024)