Ambank Islamic Berhad 1. Seacera Ceramics Sdn. Bhd. 2. Seacera Group Berhad

Ambank Islamic Berhad 1. Seacera Ceramics Sdn. Bhd. 2. Seacera Group Berhad

Plaintiff fulfilled Order 14 prerequisites and produced binding documentary evidence (including Certificate of Indebtedness and asset sale/purchase documents) showing identifiable underlying assets and contractual computation of outstanding sums; defendants failed to demonstrate any bona fide triable issue or manifest error; therefore summary judgment was appropriate and entered for the plaintiff.

Citation
22M-496-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK ISLAMIC BERHAD; 1st Defendant: SEACERA CERAMICS SDN. BHD.; 2nd Defendant: SEACERA GROUP BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2019
Case Number
22M-496-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment (commercial Division) / High Court Judgment on Summary Judgment Application; Appeal Filed by Defendants
Outcome
Summary judgment entered for plaintiff against 1st and 2nd defendants
Legal Topics
Summary Judgment, Bai Al Inah (sale and Buy Back), Ta'widh (late Payment Charges), Guarantee and Indemnity, Certificate of Indebtedness, Manifest Error, Mutual Mistake, Order 14 Rules Ro C 2012
Source Language
Malay/English
Contract Law Islamic Banking and Finance Civil Procedure Shariah Law Banking Regulation Summary Judgment Bai Al Inah (sale and Buy Back) Ta'widh (late Payment Charges) +5 more

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Parties

AMBANK ISLAMIC BERHAD

Plaintiff

SEACERA CERAMICS SDN. BHD.

1st Defendant

SEACERA GROUP BERHAD

2nd Defendant

Procedural Posture

Civil Summary Judgment (commercial Division) / High Court Judgment on Summary Judgment Application; Appeal Filed by Defendants

Legal Issues

  1. 1 Whether plaintiff satisfied preliminary requirements for summary judgment under Order 14 RoC 2012
  2. 2 Whether Islamic financing documents are unenforceable for non-compliance with alleged Shariah formalities (witnessing under Quran Verse 282)
  3. 3 Whether agreements are void for uncertainty/gharar or mutual mistake for unspecified underlying assets

Ratio Decidendi

Plaintiff fulfilled Order 14 prerequisites and produced binding documentary evidence (including Certificate of Indebtedness and asset sale/purchase documents) showing identifiable underlying assets and contractual computation of outstanding sums; defendants failed to demonstrate any bona fide triable issue or manifest error; therefore summary judgment was appropriate and entered for the plaintiff.

Court Disposition

Summary judgment entered for plaintiff against 1st and 2nd defendants

Orders

  • Summary judgment granted in terms of prayers (a) to (f) of enclosure 10
  • Costs awarded to plaintiff in the sum of RM 4,000.00