AFFIN BANK BERHAD 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

AFFIN BANK BERHAD 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

Summary judgment was appropriate because the plaintiff produced valid certificates of indebtedness under the facilities agreement and the defendants failed to present detailed, specific, and contemporaneously supported facts in their affidavit to establish triable issues; bare allegations and general denials were insufficient to defeat an Order 14 application.

Citation
WA-22NCC-222-04/2024 (Mahkamah Tinggi)
Parties
Plaintiff: AFFIN BANK BERHAD; Defendant: PCS VISION SON. BHD.; Defendant: PHENG CHIN SHIUN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 March 2025
Case Number
WA-22NCC-222-04/2024 (Mahkamah Tinggi)
Procedural Posture
Summary Judgment (order 14) Arising From Loan and Guarantee Enforcement / High Court Judgment Granting Summary Judgment; Appeal Filed to Court of Appeal
Outcome
Summary judgment granted in favour of the plaintiff Affin Bank Berhad
Legal Topics
Summary Judgment, Order 14, Certificate of Indebtedness, Burden of Proof, Loan Repayment, Guarantor Liability, Interest Claim
Source Language
Malay/English
Banking Contract Civil Procedure Guarantee Law Summary Judgment Order 14 Certificate of Indebtedness Burden of Proof +3 more

Case Brief

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Parties

AFFIN BANK BERHAD

Plaintiff

PCS VISION SON. BHD.

Defendant

PHENG CHIN SHIUN

Defendant

Procedural Posture

Summary Judgment (order 14) Arising From Loan and Guarantee Enforcement / High Court Judgment Granting Summary Judgment; Appeal Filed to Court of Appeal

Legal Issues

  1. 1 Whether defendants established triable issues to resist summary judgment under Order 14
  2. 2 Whether certificates of indebtedness issued under the facilities agreement are final and conclusive
  3. 3 Whether alleged inability to amend loan documents and guarantee vitiates the agreements

Ratio Decidendi

Summary judgment was appropriate because the plaintiff produced valid certificates of indebtedness under the facilities agreement and the defendants failed to present detailed, specific, and contemporaneously supported facts in their affidavit to establish triable issues; bare allegations and general denials were insufficient to defeat an Order 14 application.

Court Disposition

Summary judgment granted in favour of the plaintiff Affin Bank Berhad

Orders

  • Summary judgment entered for plaintiff Affin Bank Berhad against the defendants
  • Costs awarded to plaintiff in the sum of RM 3,000 subject to allocatur