Order 14
3 cases · April 2025 to May 2026
Case Volume by Year
2 25
1 26
2025–2026
Key Issues & Sub-Topics
Summary judgment — Threshold requirements — Burden shifting — Bona fide triable issue — Affidavit evidence — Requirement of particularisation — Bare denial — Unsupported assertion — Whether sufficient to resist summary judgment. Commercial debt claim — Goods sold and delivered — Invoices — Delivery orders — Statements of account — Whether documents constitute contract reduced into writing — Acceptance by conduct — Failure to protest invoice terms. Interest clause — Late payment interest — Invoice endorsement — Whether binding — Oral assurance contradicting written terms — Admissibility — Section 92 Evidence Act 1950 — Forbearance vs waiver — Estoppel — Variation of contract — Absence of contemporaneous objection. Course of dealing — Prior non-enforcement of interest — Whether amounts to waiver — Whether representation established — Requirement of clear and unequivocal conduct — Detrimental reliance . Set-off — Commission claim — Alleged oral agreement — Requirement of particularity — Proof of cross-demand — Whether written confirmations sufficient — Absence of agreed rate, calculation, or quantum — Whether triable issue disclosed. Affidavit contradictions — Precision and consistency — Contemporaneous documents — Inherent improbability — Duty of court to reject shadowy defence — Application of majority principle in summary judgment. Judicial admissions — Effect — Partial payments — Acknowledgment of indebtedness — Whether denial sustainable. Appellate intervention — Discretion — No error of principle — No miscarriage of justice — When appellate court may interfere. Civil Law Act 1956, s.11 — Post-judgment interest — Rate — Application to principal sum. 1 Summary judgment — Claim by plaintiff for vacant possession of land — Plaintiff holds a TOL (temporary occupation licence) over the land — Whether defendant is a trespasser on the land — Whether defendant has a valid tenancy over the land — Whether defendant’s landlord is the beneficial owner of the land — Judgment in default against defendant was previously set aside — Whether plaintiff is estopped or res judicata applies, if the successful setting aside of the judgment in default means defendant has a defence on merits or there are triable issues. 1 Claim for goods sold and delivered — Whether goods defective — Whether agreement by plaintiff for defendant to make part payments continuously, without the need to settle the outstanding sum at once –Whether the late payment interest claimed by plaintiff is without basis and exorbitant. 1
Summary judgment — Threshold requirements — Burden shifting — Bona fide triable issue — Affidavit evidence — Requirement of particularisation — Bare denial — Unsupported assertion — Whether sufficient to resist summary judgment. Commercial debt claim — Goods sold and delivered — Invoices — Delivery orders — Statements of account — Whether documents constitute contract reduced into writing — Acceptance by conduct — Failure to protest invoice terms. Interest clause — Late payment interest — Invoice endorsement — Whether binding — Oral assurance contradicting written terms — Admissibility — Section 92 Evidence Act 1950 — Forbearance vs waiver — Estoppel — Variation of contract — Absence of contemporaneous objection. Course of dealing — Prior non-enforcement of interest — Whether amounts to waiver — Whether representation established — Requirement of clear and unequivocal conduct — Detrimental reliance . Set-off — Commission claim — Alleged oral agreement — Requirement of particularity — Proof of cross-demand — Whether written confirmations sufficient — Absence of agreed rate, calculation, or quantum — Whether triable issue disclosed. Affidavit contradictions — Precision and consistency — Contemporaneous documents — Inherent improbability — Duty of court to reject shadowy defence — Application of majority principle in summary judgment. Judicial admissions — Effect — Partial payments — Acknowledgment of indebtedness — Whether denial sustainable. Appellate intervention — Discretion — No error of principle — No miscarriage of justice — When appellate court may interfere. Civil Law Act 1956, s.11 — Post-judgment interest — Rate — Application to principal sum. 1 case
Summary judgment — Claim by plaintiff for vacant possession of land — Plaintiff holds a TOL (temporary occupation licence) over the land — Whether defendant is a trespasser on the land — Whether defendant has a valid tenancy over the land — Whether defendant’s landlord is the beneficial owner of the land — Judgment in default against defendant was previously set aside — Whether plaintiff is estopped or res judicata applies, if the successful setting aside of the judgment in default means defendant has a defence on merits or there are triable issues. 1 case
Claim for goods sold and delivered — Whether goods defective — Whether agreement by plaintiff for defendant to make part payments continuously, without the need to settle the outstanding sum at once –Whether the late payment interest claimed by plaintiff is without basis and exorbitant. 1 case
Court Distribution
Key People & Firms
Top Judges
Cases
ma-11ancc-1-09-2025
LAI HAN PENG BERNIAGA SEBAGAI HP PLASTER CEILING ENTERPRISE (NO PENDAFTARAN PERNIAGAAN MA0095817-V) v STS STEVEN TRADING SDN BHD
3 May 2026
MYHC
pa-22ncvc-129-08-2024
TRILI MAJU SDN. BHD. v MULTIMODAL FREIGHT SDN. BHD.
25 May 2025
MYHC
pa-22ncc-79-11-2024
FSK MARKETING SDN. BHD. v CONCRETE ENGINEERING PRODUCTS BERHAD
22 April 2025
MYHC