ALFRED CHUA CHENG JUN v JAKS ISLAND CIRCLE SDN. BHD. (Dalam Likuidasi)
wa-22ncvc-73-02-2024 High Court (Mahkamah Tinggi) 29 April 2025 • WA-22NCvC-73-02/2024 • 13 min read
9 cases cited
(0 SG, 9 foreign)
Catchwords
[1] This is an application by the Plaintiff to enter Summary Judgment (Enclosure 6) against the Defendant under Order 81 of the Rules of Court 2012 (ROC 2012). [2] In this Suit, the Plaintiff seeks relief for specific performance and his rights to set-off the accrued Liquidated Ascertained Damages (LAD) against the final 20% progress claim under the statutory contract (Schedule H of HDR 1989). [3] This Suit was filed before the voluntary winding up of the Defendant. The SPA is a mutual dealing which constitutes mutual debts that took place before the winding up of the Defendant. Therefore, the Plaintiffs have met the requirement under Section 526 of CA 2016. [4] Based on the above deliberations, this Court allows prayers (b), (c), (d) and (f) of Enclosure 6 with costs. The total LAD is in the amount of RM 245,802.86, calculated from 19.9.2013 until 31.12.2021.
Judges (1)
Case Significance
ALFRED CHUA CHENG JUN v JAKS ISLAND CIRCLE SDN. BHD. (Dalam Likuidasi) is a High Court (Mahkamah Tinggi) decision dated April 29, 2025 (citation: wa-22ncvc-73-02-2024). The case was decided by Suzana binti Muhamad Said.
Key issues: [1] This is an application by the Plaintiff to enter Summary Judgment (Enclosure 6) against the Defendant under Order 81 of the Rules of Court 2012 (ROC 2012)..
What was the outcome of ALFRED CHUA CHENG JUN v JAKS ISLAND CIRCLE SDN. BHD. (Dalam Likuidasi)?
ALFRED CHUA CHENG JUN v JAKS ISLAND CIRCLE SDN. BHD. (Dalam Likuidasi) is a High Court decision dated April 29, 2025. The case was heard by Suzana binti Muhamad Said. See the full judgment for details.
Statutes Cited
Cases Cited (9)
UK (2)
[1910] 1 KB 745 [1967] 1 QB 552
MY (7)
[1982] 2 MLJ 31 [1998] 2 AMR 1124 [1998] 4 CLJ 557 [1998] 4 MLJ 569 [2002] 7 CLJ 420 [2008] 4 MLJ 852 [2021] 2 CLJ 441
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-73-02-2024)