KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD
Catchwords
The Appellant, the Plaintiff in the court below, successfully obtained judgment for four months’ unpaid rental of RM320,000.00 against the Respondent, who was the Defendant in the lower court. Notably, there is neither an appeal nor a cross-appeal against this aspect of the Sessions Court’s decision. However, the Sessions Court also ruled in favour of the Respondent’s counterclaim, ordering the return of an earnest deposit of RM450,000.00 paid by the Respondent under a Letter of Offer to Purchase. Both the claim and counterclaim were determined through Order 14A and/or Order 33 of the Rules of Court 2012, reflecting the court’s reliance on the summary disposal of legal issues without a full trial. The only matter before this Court is the Appellant’s challenge against the Sessions Court’s decision to allow the Respondent’s counterclaim. This appeal, therefore, turns on a singular but pivotal issue: Did the learned Sessions Court Judge err in law and/or in fact in allowing the Respondent’s counterclaim?
Practice Areas
The Appellant, the Plaintiff in the court below, successfully obtained judgment for four months’ unpaid rental of RM320,000.00 against the Respondent, who was the Defendant in the lower court. Notably, there is neither an appeal nor a cross-appeal against this aspect of the Sessions Court’s decision. However, the Sessions Court also ruled in favour of the Respondent’s counterclaim, ordering the return of an earnest deposit of RM450,000.00 paid by the Respondent under a Letter of Offer to Purchase. Both the claim and counterclaim were determined through Order 14A and/or Order 33 of the Rules of Court 2012, reflecting the court’s reliance on the summary disposal of legal issues without a full trial. The only matter before this Court is the Appellant’s challenge against the Sessions Court’s decision to allow the Respondent’s counterclaim. This appeal, therefore, turns on a singular but pivotal issue: Did the learned Sessions Court Judge err in law and/or in fact in allowing the Respondent’s counterclaim?
Judges (1)
Case Significance
KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD is a High Court (Mahkamah Tinggi) decision dated April 14, 2025 (citation: ba-12a-44-08-2024). The case was decided by Choong Yeow Choy.
Key issues: The only matter before this Court is the Appellant’s challenge against the Sessions Court’s decision to allow the Respondent’s counterclaim..
What was the outcome of KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD?
KABAZ SDN. BHD. v SARAWAK CONSOLIDATED INDUSTRIES BERHAD is a High Court decision dated April 14, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.