Central Sugars Refinery Sdn Bhd v Holsten Marketing (M) Sdn Bhd (BA-22NCvC-156-04/2021)

High Court of Malaysia23 Oct 2023

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1 THE HIGH COURT OF MALAYA IN SHAH ALAM IN THE STATE OF SELANGOR DARUL EHSAN, MALAYSIA CIVIL SUIT NO.: BA-22NCvC-156-04/2021 _________________________________________________________ BETWEEN CENTRAL SUGAR REFINERY SDN BHD (COMPANY NO. : 99042-W) … PLAINTIFF AND HOLSTEN MARKETING (M) SDN BHD (COMPANY NO. : 680066-W) … DEFENDAN GROUNDS OF JUDGEMENT (After Full Trial)

Introduction

This is trial of the Defendant/Holsten’s counterclaims after this Court previously granted summary judgment on 4.1.2022 to the Plaintiff for the unpaid value of sugar sold in the amount of RM1,255,125.00. The execution of the entire judgment sum was stayed pending the trial of the Defendant’s counterclaims. There is no appeal against the summary judgment dated 4.1.2022. [see the Summary Judgement dated 4.1.2022 in Enclosure 37]

When granting the summary judgment with stay, this Court pursuant to O.34 of ROC 2012 also directed that the counterclaims be tried on the following main issues: 08/01/2024 15:02:07

BA-22NCvC-156-04/2021

Kand. 118

export sugar.

The Plaintiff/CSR was not in breach of any supply obligation in the circumstances of the present case.

In the circumstances, Holsten has not specifically proved its counterclaim for special damages in respect of the export sugar.

In conclusion, this Court dismisses the Defendant/Holsten’s counterclaims with costs.

After hearing the further submissions of the parties’ respective counsel on quantum of cots, costs of the counterclaim action are assessed at RM80,000, subject to allocator, and shall be payable by the Defendant/Holsten to the Plaintiff/CSR. Dated this : 3rd January 2024 Signed ….…................................................................ TEE GEOK HOCK JUDGE HIGH COURT OF MALAYA AT SHAH ALAM (NCVC 10) To the parties’ solicitors:

For the Plaintiff : Suaran Singh & Chow Xing Hui Messrs Law Partnership (Kuala Lumpur)

For the Defendant : Sivashankar Messrs R Kengadharan & Co. (Petaling Jaya)

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Case metadata

Court: High Court of Malaysia
Decision date: 23 Oct 2023
Case number: BA-22NCvC-156-04/2021
Coram: YA Tuan Tee Geok Hock
Practice area: Sale of goods – sugar local supply contract – credit limit and credit term – written approval of credit limit by Chief Financial Officer – whether any oral agreement of Head of Sales Department to increase credit limit by more than 3 times – analysis and assessment of evidence – whether allegation of oral agreement consistent with contemporaneous documents – whether allegation of oral agreement consistent with conduct of parties – parallel stipulation of credit limit and credit term – effect – continued supply of sugar for short time after credit limit exceeded – whether evidence of oral agreement to increase credit limit – export contract – payment before delivery – whether waiver of payment term – whether any obligation to deliver when there is no payment made
Version: Alasan Penghakiman 1
Published: 16 Jan 2024
Source ID: 2f107fd2-19fc-4af7-8ecc-d867ede7863d

Catchwords

Sale of goods – sugar local supply contract – credit limit and credit term – written approval of credit limit by Chief Financial Officer – whether any oral agreement of Head of Sales Department to increase credit limit by more than 3 times – analysis and assessment of evidence – whether allegation of oral agreement consistent with contemporaneous documents – whether allegation of oral agreement consistent with conduct of parties – parallel stipulation of credit limit and credit term – effect – continued supply of sugar for short time after credit limit exceeded – whether evidence of oral agreement to increase credit limit – export contract – payment before delivery – whether waiver of payment term – whether any obligation to deliver when there is no payment made

Parties

CENTRAL SUGARS REFINERY SDN BHD - plaintiff - ejudgment_parties
HOLSTEN MARKETING (M) SDN BHD - defendant - ejudgment_parties

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Catchwords