AMBANK ISLAMIC BERHAD 1. ) EMRAZ TRAVEL & TOURS SDN BHD 2. ) MAZUIN BINTI MUSTAFA 3. ) ZULKARNAIN BIN ENDUT

AMBANK ISLAMIC BERHAD 1. ) EMRAZ TRAVEL & TOURS SDN BHD 2. ) MAZUIN BINTI MUSTAFA 3. ) ZULKARNAIN BIN ENDUT

Plaintiff satisfied Order 14 preconditions; defendants failed to raise credible, particularised triable issues—service was effective under contractual notice and proof of posting, judicial notice established licence revocation but contractual clauses (Clause 11 and event of default Clause 13.1(n)) and the self‑induced nature of the revocation preclude frustration, and the certificate of indebtedness together with conclusive evidence clauses establish the quantum absent manifest error; summary judgment granted against 2nd and 3rd defendants with costs.

Citation
WA-22M-9-01/2024 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK ISLAMIC BERHAD; 1st Defendant: EMRAZ TRAVEL & TOURS SDN. BHD.; 2nd Defendant: MAZUIN BINTI MUSTAFA; 3rd Defendant: ZULKARNAIN BIN ENDUT
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 August 2024
Case Number
WA-22M-9-01/2024 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Recovery / Guarantee Enforcement / Application for Summary Judgment Under Order 14 Rule 1; Judgment Delivered
Outcome
Summary judgment entered for the plaintiff against the 2nd and 3rd defendants
Legal Topics
Summary Judgment (order 14), Guarantee and Indemnity Liability, Frustration of Contract, Conclusive Evidence Clause / Certificate of Indebtedness, Service of Contractual Notices, Event of Default, Judicial Notice of Notorious Facts
Source Language
Malay/English
Contract Law Banking and Finance Civil Procedure Evidence Insolvency Administrative/public Law Summary Judgment (order 14) Guarantee and Indemnity Liability +5 more

Case Brief

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Parties

AMBANK ISLAMIC BERHAD

Plaintiff

EMRAZ TRAVEL & TOURS SDN. BHD.

1st Defendant

MAZUIN BINTI MUSTAFA

2nd Defendant

ZULKARNAIN BIN ENDUT

3rd Defendant

Procedural Posture

Commercial Debt Recovery / Guarantee Enforcement / Application for Summary Judgment Under Order 14 Rule 1; Judgment Delivered

Legal Issues

  1. 1 Whether plaintiff complied with procedural requirements for summary judgment
  2. 2 Whether 2nd and 3rd defendants raised bona fide triable issues to defeat summary judgment
  3. 3 Whether letters of demand and termination were validly served on guarantors

Ratio Decidendi

Plaintiff satisfied Order 14 preconditions; defendants failed to raise credible, particularised triable issues—service was effective under contractual notice and proof of posting, judicial notice established licence revocation but contractual clauses (Clause 11 and event of default Clause 13.1(n)) and the self‑induced nature of the revocation preclude frustration, and the certificate of indebtedness together with conclusive evidence clauses establish the quantum absent manifest error; summary judgment granted against 2nd and 3rd defendants with costs.

Court Disposition

Summary judgment entered for the plaintiff against the 2nd and 3rd defendants

Orders

  • Summary judgment granted against 2nd and 3rd defendants for the sums due under the Facility Agreement as evidenced by the certificate of indebtedness (RM6,807,911.10 as at 30 November 2023) together with applicable ta’widh/late payment charges
  • Costs awarded to the plaintiff in the sum of RM4,000.00