GLB CAPITAL SDN BHD (NO. SYARIKAT : 1296760-A) SOFIA NABILLA BINTI MOHD SALLEH (NO. K/p : 980824-03-5916)

GLB CAPITAL SDN BHD (NO. SYARIKAT : 1296760-A) SOFIA NABILLA BINTI MOHD SALLEH (NO. K/p : 980824-03-5916)

The High Court refused the plaintiff’s strike-out application (Lampiran 14) because discretion to allow late affidavit was properly exercised in light of COVID quarantine; the originating summons (Lampiran 1) was dismissed because the plaintiff failed to prove indebtedness and entitlement to summary relief—there were material disputes of fact (payments by cheques, inadequate account statements) that require a full trial; costs awarded to defendant and plaintiff respectively.

Citation
WA-24FC-1021-09/2020 (Mahkamah Tinggi)
Parties
Plaintiff / Chargee: GLB Capital Sdn. Bhd.; Defendant / Mortgagor: Sofia Nabilla Binti Mohd Salleh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 August 2021
Case Number
WA-24FC-1021-09/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Originating Summons / High Court Judgment (decision on Originating Summons and Application)
Outcome
Plaintiff's application to strike out defendant's affidavit dismissed; Plaintiff's originating summons dismissed
Legal Topics
National Land Code S256 and S257, Originating Summons Procedure (order 83), Affidavit Striking/rule Compliance (order 28), Extension of Time / Court Discretion (order 3 R5 and Order 92 R4), Notice of Default and Sale by Chargee, Evidential Sufficiency of Account Statements
Source Language
Malay/English
Land Law Mortgage / Charge (gadaian) Debt Recovery Civil Procedure National Land Code S256 and S257 Originating Summons Procedure (order 83) Affidavit Striking/rule Compliance (order 28) Extension of Time / Court Discretion (order 3 R5 and Order 92 R4) +2 more

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Parties

GLB Capital Sdn. Bhd.

Plaintiff / Chargee

Sofia Nabilla Binti Mohd Salleh

Defendant / Mortgagor

Procedural Posture

Civil Originating Summons / High Court Judgment (decision on Originating Summons and Application)

Legal Issues

  1. 1 Whether plaintiff established indebtedness and entitlement to order for sale/possession on originating summons
  2. 2 Whether defendant's affidavit should be struck out for late filing/non-compliance
  3. 3 Whether factual disputes (payments by cheques to third parties) preclude summary relief

Ratio Decidendi

The High Court refused the plaintiff’s strike-out application (Lampiran 14) because discretion to allow late affidavit was properly exercised in light of COVID quarantine; the originating summons (Lampiran 1) was dismissed because the plaintiff failed to prove indebtedness and entitlement to summary relief—there were material disputes of fact (payments by cheques, inadequate account statements) that require a full trial; costs awarded to defendant and plaintiff respectively.

Court Disposition

Plaintiff's application to strike out defendant's affidavit dismissed; Plaintiff's originating summons dismissed

Orders

  • Lampiran 14 (strike-out application) dismissed with costs RM2,000.00 to defendant
  • Lampiran 1 (originating summons) dismissed with costs RM5,000.00 to defendant, costs subject to taxation