SEDANIA TECHNOLOGIES SDN. BHD. (NO PENDAFTARAN : 200401002452) (NO. SYARIKAT : 640955-T) 1. ) 1. PROFESSIONAL SCIENCE TECHNOLOGIES SDN. BHD. (NO. PENDAFTARAN : 200001026651) (NO. SYARIKAT : 529258-W) 2. ) 2. MUZIR BIN MD ZANIB (NO. K/P: 750

SEDANIA TECHNOLOGIES SDN. BHD. (NO PENDAFTARAN : 200401002452) (NO. SYARIKAT : 640955-T) 1. ) 1. PROFESSIONAL SCIENCE TECHNOLOGIES SDN. BHD. (NO. PENDAFTARAN : 200001026651) (NO. SYARIKAT : 529258-W) 2. ) 2. MUZIR BIN MD ZANIB (NO. K/P: 750

The court found on the affidavits that the personal guarantee and the written acknowledgement were voluntarily signed, are clear and enforceable, the individual defendant functioned as alter ego of the corporate defendant and no legitimate triable issues were raised; therefore summary judgment under Order 14 was appropriate and the plaintiff was entitled to judgment for the claimed debt with costs.

Citation
WA-22NCVC-879-11/2019 (Mahkamah Tinggi)
Parties
Respondent / Plaintiff: Sedania Technologies Sdn. Bhd.; Appellant / Defendant: Professional Science Technologies Sdn. Bhd.; Appellant / Defendant: Muzir bin Md Zanib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 August 2020
Case Number
WA-22NCVC-879-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil / Appeal Against High Court Decision on Summary Judgment Under Order 14 (court of Appeal)
Outcome
Summary judgment granted for the Plaintiff/Respondent against the Defendants/Appellants.
Legal Topics
Summary Judgment (order 14), Personal Guarantee, Acknowledgement of Debt, Alter Ego Liability, Indemnity
Source Language
Malay/English
Contract Guarantee Civil Procedure Debt Recovery Summary Judgment (order 14) Personal Guarantee Acknowledgement of Debt Alter Ego Liability +1 more

Case Brief

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Parties

Sedania Technologies Sdn. Bhd.

Respondent / Plaintiff

Professional Science Technologies Sdn. Bhd.

Appellant / Defendant

Muzir bin Md Zanib

Appellant / Defendant

Procedural Posture

Civil / Appeal Against High Court Decision on Summary Judgment Under Order 14 (court of Appeal)

Legal Issues

  1. 1 Whether the personal guarantee and acknowledgement of debt are enforceable against the defendants
  2. 2 Whether defendants raised triable issues sufficient to require a full trial under Order 14
  3. 3 Whether the director/guarantor acted as alter ego of the corporate defendant making him jointly liable

Ratio Decidendi

The court found on the affidavits that the personal guarantee and the written acknowledgement were voluntarily signed, are clear and enforceable, the individual defendant functioned as alter ego of the corporate defendant and no legitimate triable issues were raised; therefore summary judgment under Order 14 was appropriate and the plaintiff was entitled to judgment for the claimed debt with costs.

Court Disposition

Summary judgment granted for the Plaintiff/Respondent against the Defendants/Appellants.

Orders

  • Summary judgment entered for RM1,887,426.00 in favour of the Plaintiff/Respondent against the Defendants/Appellants.
  • Costs awarded to the Plaintiff/Respondent in the sum of RM3,000.00 subject to alokatur.