PMB TIJARI BERHAD v 1. ) HAMZA SUPPLY & SERVICES SDN BHD 2. ) HAMZA MOTORS SDN. BHD. 3. ) NIK IRUWAN BIN NIK IZANI 4. ) ZULKIFLY BIN MOHD ZAINAL

ba-22m-182-06-2024 High Court (Mahkamah Tinggi) 19 August 2025 • BA-22M-182-06/2024

Catchwords

Application for Summary Judgment- Defendants have no defence to the claim- indebtedness is clearly established on the documentary record- Defendants’ failure to file any Affidavit in Reply amounts to an admission of the facts- Defendants oppose the application- the claim is premature- Plaintiff is estopped from relying on the procedural default because of ongoing settlement negotiations between the parties- filing an Affidavit in Reply was unnecessary- the claim is premature and should be tested at trial with oral evidence- non-filing of the Affidavit is an irregularity under Order 2 rule 1 ROC 2012, not a nullity, and that the Court may cure it in the interest of justice under Order 92 rule 4 ROC 2012- For estoppel to arise, there must be a clear and unequivocal representation or course of conduct which the other party relied upon to their detriment-it is unsupported by affidavit- without affidavit support, there is no admissible basis to find that the Plaintiff waived its procedural rights or is estopped from relying on the Defendants’ default-it is a bare assertion- the discretion to cure such non-compliance is exercised upon affidavit evidence explaining the default and showing a defence on the merits- Plaintiff has discharged its burden to show a prima facie case- Defendants, having filed no Affidavit in Reply, have failed to raise any bona fide triable issue on admissible evidence- the Defendants have no defence to the Plaintiff’s claim- the Plaintiff is entitled to summary judgment.

Judges (1)

Raja Rozela binti Raja Toran Delivered

Parties (5)

HAMZA MOTORS Sdn Bhd Defendant HAMZA SUPPLY & SERVICES Sdn Bhd Defendant PMB TIJARI BERHAD Plaintiff Nik Iruwan bin Nik Izani Defendant Zulkifly bin Mohd Zainal Defendant

Case Significance

PMB TIJARI BERHAD v 1. ) HAMZA SUPPLY & SERVICES SDN BHD 2. ) HAMZA MOTORS SD... is a High Court (Mahkamah Tinggi) decision dated August 19, 2025 (citation: ba-22m-182-06-2024). The case was decided by Raja Rozela binti Raja Toran.

What was the outcome of PMB TIJARI BERHAD v 1. ) HAMZA SUPPLY & SERVICES SDN BHD 2. ) HAMZA MOTORS SD...?

PMB TIJARI BERHAD v 1. ) HAMZA SUPPLY & SERVICES SDN BHD 2. ) HAMZA MOTORS SD... is a High Court decision dated August 19, 2025. The case was heard by Raja Rozela binti Raja Toran. See the full judgment for details.

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22m-182-06-2024)