WIT INK CREATIVE SDN BHD v DK-MY PROPERTIES SDN BHD

ba-12bncc-7-06-2024 High Court (Mahkamah Tinggi) 1 January 2025 • BA-12BNCC-7-06/2024 • 8 min read

8 cases cited (0 SG, 8 foreign)

Catchwords

Appeal after full trial - Claim for late payment interest - Dismissed on the grounds of waiver and estoppel - Defence was not pleaded - Whether court can consider ground of appeal that was not stated in the Memorandum of Appeal - Whether Plaintiff entitled to recover the late payment interest - Whether late payment interest was excessive for exceeding the rate provided for in the Moneylenders Act 1951 - Whether the late payment interest claim was an afterthought

Judges (1)

Elaine Yap Chin Gaik Delivered

Counsel (4)

Manjit Singh Sachdev Mohammad Radzi & Partners Firm Peter Ling & Co. Firm Ivor Yip Counsel Appellant Manpal Singh Sacdev Counsel Respondent

Parties (2)

DK-MY PROPERTIES Sdn Bhd Respondent WIT INK CREATIVE Sdn Bhd Appellant

Case Significance

WIT INK CREATIVE SDN BHD v DK-MY PROPERTIES SDN BHD is a High Court (Mahkamah Tinggi) decision dated January 1, 2025 (citation: ba-12bncc-7-06-2024). The case was decided by Elaine Yap Chin Gaik.

What was the outcome of WIT INK CREATIVE SDN BHD v DK-MY PROPERTIES SDN BHD?

WIT INK CREATIVE SDN BHD v DK-MY PROPERTIES SDN BHD is a High Court decision dated January 1, 2025. The case was heard by Elaine Yap Chin Gaik. See the full judgment for details.

Statutes Cited

Contracts Act 1950 (Cap 136)

s 75

Cases Cited (8)

MY (8)

[1990] 3 MLJ 287 [2004] 1 CLJ 357 [2006] 7 MLJ 131 [2014] 3 MLJ 812 [2016] 8 CLJ 293 [2019] CLJ 723 [2020] MLJU 2086 [2022] MLJU 1604

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12bncc-7-06-2024)