MCS Mega Group Sdn Bhd v Golden Global Trading & Healthcare Sdn Bhd
ba-22ncc-117-09-2022 High Court (Mahkamah Tinggi) 21 January 2026 • BA-22NCC-117-09/2022 • 7 min read
1 cases cited
(0 SG, 1 foreign)
Catchwords
These Grounds of Judgment arise from the Plaintiff’s appeal against the decision of 22 January 2026, which allowed the Defendant’s counterclaim. The Plaintiff’s original claim had earlier been dismissed under Order 35 of the Rules of Court 2012 due to non-attendance at trial. The appeal concerns only the counterclaim for RM1,728,000.00 with interest and costs. The court emphasised that the counterclaim was not granted by default but required proof as an independent action, consistent with established law. The Defendant bore the burden of proof under the Evidence Act 1950 and successfully established its case. The court found that the Defendant paid a deposit of RM1,728,000.00 for three containers, did not cancel the order, and that the Plaintiff failed to deliver them. Relevant contractual clauses did not justify forfeiture, resulting in a total failure of consideration. Judgment was entered for the Defendant with 5% interest from 23 February 2021, costs of RM30,000.00, and additional costs of RM3,000.00 payable by the Plaintiff’s solicitor.
Judges (1)
Counsel (6)
Statutes Cited
Evidence Act 1950 (Cap 56)
Rules of Court 2012
Cases Cited (1)
MY (1)
[1985] 1 MLJ 160
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-22ncc-117-09-2022)