1. ) LKW PETROLEUM SDN. BHD. 2. ) LEE KOK WAI D2D BIZHUB SDN. BHD.

1. ) LKW PETROLEUM SDN. BHD. 2. ) LEE KOK WAI D2D BIZHUB SDN. BHD.

The appellants admitted receipt of the loan proceeds and contemporaneous documents (loan agreement, resolutions, letters acknowledging debt) contradicted their defences; they failed to adduce evidence that payments were made to the respondent or that any third party was the respondent’s agent and failed to satisfy statutory requirements under Section 10OA; consequently there were no triable issues and the Sessions Court’s summary judgment was properly affirmed.

Citation
WA-12ANCC-117-09/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: LKW Petroleum Sdn. Bhd.; Appellant / Defendant: Lee Kok Wai; Respondent / Plaintiff: D2D Bizhub Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 March 2023
Case Number
WA-12ANCC-117-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (commercial Division) / Appeal Against Summary Judgment From Sessions Court
Outcome
Appeal dismissed; summary judgment of the Sessions Court affirmed; costs awarded to Respondent.
Legal Topics
Summary Judgment, Loan Agreement, Guarantee, Agency and Third‑party Payments, Admissibility of Fresh Evidence, Compliance With Moneylenders Act
Source Language
Malay/English
Contract Civil Procedure Commercial Law Statutory Regulation (moneylenders) Evidence Summary Judgment Loan Agreement Guarantee +3 more

Case Brief

Summary, issues, holding and outcome

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Parties

LKW Petroleum Sdn. Bhd.

Appellant / Defendant

Lee Kok Wai

Appellant / Defendant

D2D Bizhub Sdn. Bhd.

Respondent / Plaintiff

Procedural Posture

Civil Appeal (commercial Division) / Appeal Against Summary Judgment From Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court erred in granting summary judgment
  2. 2 Whether the appellants’ denials and alternative explanations (third‑party lender, payments to a third party, signing blank documents) created triable issues
  3. 3 Whether alleged payments to Loh Poon Hoe and his authority to receive payments on behalf of the respondent were established

Ratio Decidendi

The appellants admitted receipt of the loan proceeds and contemporaneous documents (loan agreement, resolutions, letters acknowledging debt) contradicted their defences; they failed to adduce evidence that payments were made to the respondent or that any third party was the respondent’s agent and failed to satisfy statutory requirements under Section 10OA; consequently there were no triable issues and the Sessions Court’s summary judgment was properly affirmed.

Court Disposition

Appeal dismissed; summary judgment of the Sessions Court affirmed; costs awarded to Respondent.

Orders

  • Appeal dismissed
  • Summary judgment of the Sessions Court affirmed