MCC OVERSEAS (M) SDN BHD v DAMAI CITY SDN BHD

wa-22ncc-522-07-2023 High Court (Mahkamah Tinggi) 12 December 2024 • WA-22NCC-522-07/2023 • 18 min read

13 cases cited (0 SG, 13 foreign)

Catchwords

summary judgment-Order 14 Rule 1 of the Rules of Court 2012-The law on Order 14-It is not enough for a defendant to make bare allegations or give a mere general denial and swear, 'I owe the man nothing'. This is because the burden of proof to show a triable issue is on the defendant-if an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-In law, an admission is a proper acknowledgement of a debt-a judicial admission made in a pleading stands on a higher footing than evidentiary admission-The absence of a police report undermines the credibility of the defendant’s allegation of fraud and misrepresentation-vi. I accept that a non-reply to a solicitor’s letter of demand, per se, does not mean that liability is accepted by the recipient in all cases. But it can and does have a bearing on the credibility of the defendant if he later raises defences to the said claim. A court is entitled to view the totality of the evidence including the non- reply to a solicitor’s letter of demand to hold that there is no triable issue

Judges (1)

Leong Wai Hong Delivered

Counsel (5)

SM Lee & Co. Firm Sanjay Mohan Firm Avinash Kamalanathan Counsel Defendant Cheryl Leong See Teng Counsel Plaintiff Choon Hun Leng Counsel Plaintiff

Parties (2)

DAMAI CITY Sdn Bhd Defendant MCC OVERSEAS Sdn Bhd Plaintiff

Statutes Cited

Rules of Court 2012

Cases Cited (13)

UK (1)

[1891] 2 QB 534

MY (12)

[1987] 2 MLJ 479 [1992] 1 MLJ 400 [1995] 3 MLJ 283 [1999] 8 CLJ 592 [2006] 2 MLRH 166 [2006] 3 MLJ 249 [2006] 4 AMR 52 [2006] 5 CLJ 307 [2014] 4 MLJ 478 [2014] 6 CLJ 285 [2020] MLJU 2364 [2021] MLJU 2997

Judgment

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Source: eJudgment (wa-22ncc-522-07-2023)