1. ) Dato' Lee Son Hong 2. ) Datin Too Sooi Keng Ambank Islamic Berhad

1. ) Dato' Lee Son Hong 2. ) Datin Too Sooi Keng Ambank Islamic Berhad

The application to set aside the judgment in default of defence was dismissed because the 2nd and 3rd Defendants failed to demonstrate a prima facie defence on the merits; their reliance on solicitor's advice was not a valid ground; the Plaintiff's certificate of indebtedness, supported by the guarantees' conclusivity clauses and authorities, established the liability and shifted the burden to the defendants to show manifest error, which they did not do.

Citation
WA-22M-793-10/2019 (Mahkamah Tinggi)
Parties
PLAINTIFF: AMBANK ISLAMIC BERHAD; 1st DEFENDANT: WRP ASIA PACIFIC SDN BHD; 2nd DEFENDANT: DATO' LEE SON HONG; 3rd DEFENDANT: DATIN TOO SOOI KENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 June 2020
Case Number
WA-22M-793-10/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Civil Claim for Recovery Under Hire Purchase Financing and Guarantees (shariah Based) / Application to Set Aside Judgment in Default of Defence Under Order 18 R 9/order 42 R 13 Rules of Court 2012
Outcome
Application to set aside judgment in default of defence dismissed
Legal Topics
Judgment in Default of Defence, Setting Aside Default Judgment, Guarantee and Indemnity, Certificate of Indebtedness, Solicitor's Negligence, Summary Disposal
Source Language
Malay/English
Civil Commercial Contract Banking and Finance Islamic Finance Civil Procedure Judgment in Default of Defence Setting Aside Default Judgment +4 more

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Parties

AMBANK ISLAMIC BERHAD

PLAINTIFF

WRP ASIA PACIFIC SDN BHD

1st DEFENDANT

DATO' LEE SON HONG

2nd DEFENDANT

DATIN TOO SOOI KENG

3rd DEFENDANT

Procedural Posture

Commercial Civil Claim for Recovery Under Hire Purchase Financing and Guarantees (shariah Based) / Application to Set Aside Judgment in Default of Defence Under Order 18 R 9/order 42 R 13 Rules of Court 2012

Legal Issues

  1. 1 Whether defendants established a prima facie defence on the merits
  2. 2 Whether solicitor's mistake/ignorance of law justifies setting aside JIDD
  3. 3 Whether a certificate of indebtedness is required pre-litigation and whether it is conclusive

Ratio Decidendi

The application to set aside the judgment in default of defence was dismissed because the 2nd and 3rd Defendants failed to demonstrate a prima facie defence on the merits; their reliance on solicitor's advice was not a valid ground; the Plaintiff's certificate of indebtedness, supported by the guarantees' conclusivity clauses and authorities, established the liability and shifted the burden to the defendants to show manifest error, which they did not do.

Court Disposition

Application to set aside judgment in default of defence dismissed

Orders

  • Application (encl. 14) dismissed
  • Costs of MYR 5,000.00 to be paid jointly and collectively by the 2nd and 3rd Defendants