Technic Crane Service v Noble Energy Construction Sdn Bhd (MA-A72-22-07/2020)

This is the Plaintiff's claim against the Defendant for the recovery of an outstanding sum of RM69,405.28 arising from crane rental services provided by the Plaintiff to the Defendant.

After a full trial, this Court allowed the Plaintiff's claim and awarded costs of RM2,000.00. S/N /gKa0mayQUatuiv2BPcg

The Plaintiff is a company carrying on the business of providing crane rental services.

The Defendant is a construction company.

According to the Plaintiff, sometime in year 2010, the parties entered into an agreement whereby the Plaintiff would provide crane rental services to the Defendant for the latter's construction projects.

The agreed rental rates for the cranes were pleaded in the Statement of Claim and were not seriously disputed during the trial.

The Plaintiff's evidence was that crane rental services were continuously rendered to the Defendant from March 2010 until the end of 2016. Throughout this period, statements of account were issued to the Defendant in respect of the services rendered. S/N /gKa0mayQUatuiv2BPcg

The Plaintiff further testified that despite repeated reminders and demands, the Defendant failed to make payment in accordance with the statements issued. Payments made by the Defendant were irregular and did not correspond with the statements rendered.

At the end of 2016, the Plaintiff terminated its services due to the Defendant's persistent failure to settle the outstanding amounts.

On 7.11.2017, the Plaintiff forwarded a Statement of Account to the Defendant claiming an outstanding balance of RM79,405.28.

On 2.11.2018, the Defendant made a payment of RM10,000.00, thereby reducing the outstanding balance to RM69,405.28.

Subsequent letters of demand were issued through the Plaintiff's solicitors. In response, the Defendant sought further time to finalize and verify its accounts but did not dispute that monies were owing. S/N /gKa0mayQUatuiv2BPcg

ISSUES TO BE DETERMINED The principal issues before this Court are:

(a) Whether the Plaintiff had established that crane rental services were rendered to the Defendant;

(b) Whether the Plaintiff had proven the outstanding balance of RM69,405.28; and

(c) Whether the Defendant had successfully rebutted the Plaintiff's claim.

DELIBERATIONS The law is settled that the burden lies upon the Plaintiff to establish its claim on a balance of probabilities.

Having evaluated the entirety of the evidence, this Court is satisfied that the Plaintiff has discharged that burden. S/N /gKa0mayQUatuiv2BPcg

The Plaintiff's case was supported by documentary evidence comprising statements of account and correspondence exchanged between the parties. These documents were generated in the ordinary course of business and were consistent with the oral testimony of the Plaintiff's witnesses.

The Court accepts and applies the decision of the Court of Appeal in Ekuiti Setegap Sdn Bhd v. Plaza 393 Management Corporation [2019] 2 CLJ 592, wherein it was held that statements of account are sufficient to establish the Plaintiff's claim, notwithstanding that no invoices, debit notes, or credit notes were produced in support of the sums reflected in the Plaintiff's statements of account.

The Court found the Plaintiff's witnesses to be credible witnesses. Their testimony was consistent and remained substantially unshaken during cross-examination. S/N /gKa0mayQUatuiv2BPcg

Significantly, there was no serious dispute that crane rental services had in fact been provided by the Plaintiff to the Defendant over a considerable period of time.

The Defendant's primary contention was directed towards the amount claimed rather than the existence of the underlying transactions.

However, the Defendant failed to produce cogent documentary evidence demonstrating that the Plaintiff's Statement of Account was inaccurate.

More importantly, the Defendant's own conduct lends substantial support to the Plaintiff's claim.

The evidence shows that after receiving the Statement of Account dated 7.11.2017, the Defendant made a payment of RM10,000.00 on 2.11.2018. S/N /gKa0mayQUatuiv2BPcg

In the view of this Court, such payment is wholly inconsistent with the position that no monies were owing. The payment constitutes a clear acknowledgment of liability and is indicative of the existence of an outstanding debt.

This conclusion is further reinforced by the Defendant's subsequent correspondence seeking additional time to complete its certification and finalization of accounts.

Notably, the Defendant did not deny the indebtedness. Instead, the Defendant sought additional time to verify the outstanding amount. Such conduct is inconsistent with a complete denial of liability.

The Court also notes that despite having ample opportunity to do so, the Defendant failed to produce satisfactory evidence demonstrating that the amounts reflected in the Plaintiff's accounts had been paid.

Furthermore the Defendant elected not to file written submissions. S/N /gKa0mayQUatuiv2BPcg

Whilst the failure to file submissions is not by itself fatal, it left substantial portions of the Plaintiff's evidence and legal arguments unanswered. The Court was therefore left with the Plaintiff's evidence which remained largely unrebutted.

Upon a consideration of the totality of the evidence, this Court finds that the Plaintiff's version of events is the more probable version.

The Court is satisfied that the Plaintiff had rendered the services claimed, that the Defendant had received the benefit of those services, and that the sum of RM69,405.28 remained due and owing.

DECISION For the reasons stated above, this Court finds that the Plaintiff has successfully established its claim against the Defendant on a balance of probabilities. S/N /gKa0mayQUatuiv2BPcg

Accordingly, judgment is entered for the sum of RM69,405.28.

The Plaintiff is further awarded costs of RM2,000.00.

The Plaintiff's claim is therefore allowed with costs. ……………………………………….. SIVASHANGARI A/P NAGALINGAM MAGISTRATE MAGISTRATE COURT 1, MELAKA Dated this: 13th July 2026 PARTIES AT THE HEARING FOR THE PLAINTIFF: Mr. Virochean a/l Stephan Soosai Messrs. Paul, Amy Chong & Associates S/N /gKa0mayQUatuiv2BPcg Advocates & Solicitors No. 271-G, Jalan Haruan 5/7, Oakland Business Centre 2, 70300, Seremban, Negeri Sembilan FOR THE DEFENDANT: Mr. Asmawi Bin Ismail Messrs. Deidra Sharina & Co Advocates & Solicitors No. 3-1, Jalan PP Ixora 1 Pusat Perniagaan Ixora Senawang, 70450 Seremban Negeri Sembilan Darul Khusus S/N /gKa0mayQUatuiv2BPcg