IKHWAN NASIR BIN ABDUL RAHMAN MAYBANK ISLAMIC BERHAD

IKHWAN NASIR BIN ABDUL RAHMAN MAYBANK ISLAMIC BERHAD

The High Court affirmed summary judgment because D5 failed to raise a credible triable issue: he was bound by the signed Guarantee and Indemnity (which survives his resignation by express clause), discrepancies with the Offer Letter do not undermine the standalone Guarantee, indemnity arrangements among defendants do not affect the plaintiff's right to enforce the Guarantee, and the Certificate of Indebtedness coupled with default judgment is conclusive evidence of quantum absent any demonstrated manifest error; therefore there was no real prospect of a bona fide defence and summary judgment was justified.

Citation
WA-12AM-5-03/2024 (Mahkamah Tinggi)
Parties
Appellant / Fifth Defendant: Ikhwan Nasir bin Abdul Rahiman; Respondent / Plaintiff: Maybank Islamic Berhad; First Defendant: Papa Brands Sdn Bhd; Second Defendant: Retinue Consulting Sdn Bhd; Third Defendant: Abdul Qayyum bin Nur Zakri; Fourth Defendant: Muhammad Zulaizie bin Mohammad Zu
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 August 2024
Case Number
WA-12AM-5-03/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court Concerning Summary Judgment Under Order 14 / Interlocutory Appeal Reheard at High Court; Judgment on Appeal Delivered Affirming Summary Judgment
Outcome
Appeal dismissed; summary judgment entered against appellant (D5) affirmed
Legal Topics
Summary Judgment (order 14), Guarantee and Indemnity Liability, Conclusive Evidence Clause / Certificate of Indebtedness, Manifest Error, Burden Shifting on Summary Judgment
Source Language
Malay/English
Contract Banking and Finance Civil Procedure Securities / Guarantees Islamic Finance Summary Judgment (order 14) Guarantee and Indemnity Liability Conclusive Evidence Clause / Certificate of Indebtedness +2 more

Case Brief

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Parties

Ikhwan Nasir bin Abdul Rahiman

Appellant / Fifth Defendant

Maybank Islamic Berhad

Respondent / Plaintiff

Papa Brands Sdn Bhd

First Defendant

Retinue Consulting Sdn Bhd

Second Defendant

Abdul Qayyum bin Nur Zakri

Third Defendant

Muhammad Zulaizie bin Mohammad Zu

Fourth Defendant

Procedural Posture

Civil Appeal From Sessions Court Concerning Summary Judgment Under Order 14 / Interlocutory Appeal Reheard at High Court; Judgment on Appeal Delivered Affirming Summary Judgment

Legal Issues

  1. 1 Whether D5 had knowledge of and was bound by the Guarantee and Indemnity despite cessation of active management
  2. 2 Whether discrepancies between the Offer Letter and the Guarantee affect enforceability of the Guarantee
  3. 3 Whether indemnity arrangements between co-defendants negate D5's liability to the plaintiff

Ratio Decidendi

The High Court affirmed summary judgment because D5 failed to raise a credible triable issue: he was bound by the signed Guarantee and Indemnity (which survives his resignation by express clause), discrepancies with the Offer Letter do not undermine the standalone Guarantee, indemnity arrangements among defendants do not affect the plaintiff's right to enforce the Guarantee, and the Certificate of Indebtedness coupled with default judgment is conclusive evidence of quantum absent any demonstrated manifest error; therefore there was no real prospect of a bona fide defence and summary judgment was justified.

Court Disposition

Appeal dismissed; summary judgment entered against appellant (D5) affirmed

Orders

  • Appeal dismissed
  • Costs awarded to respondent in the sum of RM3000.00