The Court of Appeal has upheld a summary judgement in favour of PT Wintermar (WT) against AsiaEuro-Tech Sdn Bhd (AET), awarding WT BND1,267,950.50.
The judgement, delivered on June 25 by Chief Justice Dato Seri Paduka Steven Chong, along with Justices Michael Lunn and Sir Peter Gross, also dismissed AET’s counterclaim of BND87,000.
The case revolved around an agreement dated August 27, 2019, where WT provided two tugboats for towage services in Muara Port.
WT, responsible for operating and maintaining the tugboats, issued 23 invoices totalling BND1,588,970 for services from September 2019 to April 2020. After crediting a payment of BND87,000 and deducting mobilisation costs, WT claimed BND1,267,950.50 remained unpaid.
AET, a Brunei-based logistics services provider, argued that the invoices were inconsistent with the agreed terms and denied WT’s claim. AET also contended that BND87,000 had been wrongly received by WT and sought its repayment.
However, the appellate court found that AET owed WT the claimed amount along with interest and costs.
WT’s counsel, Evelyn Lee Xin Yin from Messrs YC Lee and Lee, argued that AET introduced new defences in their affidavits, deviating from their original pleadings.
The court agreed, noting AET’s failure to provide sufficient evidence to support their deductions and new claims.
The court declined to admit fresh evidence from AET, emphasising procedural fairness.
The court concluded that WT’s invoicing practices were consistent with the agreement and dismissed AET’s argument to the contrary. Consequently, the appeal against the judgement in favour of WT was dismissed, and AET’s counterclaim was struck out.
Costs were awarded against AET for both the appeal and the lower court proceedings.
Lawyer Lieutenant Colonel (Rtd) Haji Harif bin Haji Ibrahim of his own firm represented AET. – Fadley Faisal
