UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) MENTAKAB STAR MALL SDN BHD (Dalam Penerimaan) 2. ) PHENG YIN HUAH 3. ) PHENG CHIN KIAT 4. ) SISTEM DUTA SDN BHD 5. ) Chan Siew Mei

UNITED OVERSEAS BANK (MALAYSIA) BHD 1. ) MENTAKAB STAR MALL SDN BHD (Dalam Penerimaan) 2. ) PHENG YIN HUAH 3. ) PHENG CHIN KIAT 4. ) SISTEM DUTA SDN BHD 5. ) Chan Siew Mei

The court granted summary judgment to the plaintiff because the certificate of indebtedness was not properly or evidentially challenged and no bona fide triable defence was demonstrated; the defendants' counterclaims did not plead material facts sufficient to disclose a cause of action and were therefore struck out under Order 18 r.19 KKM 2012; the security for costs application was withdrawn and dismissed.

Citation
CB-22NCC-1-03/2022 (Mahkamah Tinggi)
Parties
Plaintiff (original); Defendant First (counterclaim): UNITED OVERSEAS BANK (MALAYSIA) BHD; Defendant (original); Plaintiff (counterclaim): MENTAKAB STAR(MALL) SDN BHD; Defendant (original); Plaintiff (counterclaim): PHENG YIN HUAH; Defendant (original); Plaintiff (counterclaim): PHENG CHIN KIAT; Defendant (original): SISTEM DUTA SDN BHD; Defendant Second (counterclaim) / Appointed Receiver: CHAN SIEW MEI
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 June 2022
Case Number
CB-22NCC-1-03/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Banking/debt Recovery / Interlocutory: Applications for Summary Judgment, Strike Out of Counterclaims and Security for Costs
Outcome
Plaintiff's summary judgment application allowed; counterclaims struck out; security for costs application withdrawn/dismissed.
Legal Topics
Summary Judgment, Strike Out/order 18 R.19, Certificate of Indebtedness, Receivership Vs Liquidation, Pleadings and Cause of Action, Service of Documents, Security for Costs
Source Language
Malay/English
Banking Law Civil Procedure Insolvency/receivership Law Contract Law Surety and Guarantee Law Summary Judgment Strike Out/order 18 R.19 Certificate of Indebtedness +4 more

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Parties

UNITED OVERSEAS BANK (MALAYSIA) BHD

Plaintiff (original); Defendant First (counterclaim)

MENTAKAB STAR(MALL) SDN BHD

Defendant (original); Plaintiff (counterclaim)

PHENG YIN HUAH

Defendant (original); Plaintiff (counterclaim)

PHENG CHIN KIAT

Defendant (original); Plaintiff (counterclaim)

SISTEM DUTA SDN BHD

Defendant (original)

CHAN SIEW MEI

Defendant Second (counterclaim) / Appointed Receiver

Procedural Posture

Civil Banking/debt Recovery / Interlocutory: Applications for Summary Judgment, Strike Out of Counterclaims and Security for Costs

Legal Issues

  1. 1 Whether plaintiff is entitled to summary judgment on debt claim based on certificate of indebtedness
  2. 2 Whether defendants' counterclaim(s) disclose a cause of action and should be struck out under Order 18 r.19 KKM 2012
  3. 3 Whether plaintiff's strike out application against counterclaims discloses merit

Ratio Decidendi

The court granted summary judgment to the plaintiff because the certificate of indebtedness was not properly or evidentially challenged and no bona fide triable defence was demonstrated; the defendants' counterclaims did not plead material facts sufficient to disclose a cause of action and were therefore struck out under Order 18 r.19 KKM 2012; the security for costs application was withdrawn and dismissed.

Court Disposition

Plaintiff's summary judgment application allowed; counterclaims struck out; security for costs application withdrawn/dismissed.

Orders

  • Plaintiff's application for summary judgment (Kandungan 6) allowed.
  • Application by Defendant Second in counterclaim to strike out plaintiffs' counterclaim (Kandungan 28) allowed; counterclaim struck out under Order 18 r.19 KKM 2012.