1. ) SUNGEI WANG PLAZA SDN BHD 2. ) DATO SERI' ABDUL AZIM BIN MOHD ZABIDI 3. ) TAN PENG KOON AMBANK ISLAMIC BERHAD

1. ) SUNGEI WANG PLAZA SDN BHD 2. ) DATO SERI' ABDUL AZIM BIN MOHD ZABIDI 3. ) TAN PENG KOON AMBANK ISLAMIC BERHAD

Plaintiff proved entitlement to summary judgment: Order 14 requirements met; defendants failed to raise any bona fide triable issue because notices were valid or immaterial, the certificate of indebtedness is conclusive absent manifest error, alleged representations and disclosure did not create contractual or legal bar to recovery, and any statutory breach does not defeat the plaintiff's claim for debt; accordingly summary judgment entered for the plaintiff for the claimed sum.

Citation
WA-22M-53-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK ISLAMIC BERHAD; 1st Defendant: SUNGEI WANG PLAZA SDN BHD; 2nd Defendant: DATO' SERI ABDUL AZIM BIN MOHD ZABIDI; 3rd Defendant: TAN PENG KOON
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2020
Case Number
WA-22M-53-01/2020 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Recovery (islamic Finance) / Summary Judgment (order 14)
Outcome
Summary judgment for the Plaintiff
Legal Topics
Summary Judgment (order 14), Guarantee and Indemnity, Bai' Inah Financing, Certificate of Indebtedness, Service of Notices, Disclosure of Customer Information, Islamic Financial Services Act S.145, Unconscionability
Source Language
Malay/English
Banking Islamic Finance Contract Law Civil Procedure Equity Summary Judgment (order 14) Guarantee and Indemnity Bai' Inah Financing +5 more

Case Brief

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Parties

AMBANK ISLAMIC BERHAD

Plaintiff

SUNGEI WANG PLAZA SDN BHD

1st Defendant

DATO' SERI ABDUL AZIM BIN MOHD ZABIDI

2nd Defendant

TAN PENG KOON

3rd Defendant

Procedural Posture

Commercial Debt Recovery (islamic Finance) / Summary Judgment (order 14)

Legal Issues

  1. 1 Whether plaintiff validly served notices of demand and termination
  2. 2 Whether certificate of indebtedness and statement of claim sufficiently demonstrate amount due
  3. 3 Whether plaintiff made enforceable representations promising time to settle or forbearance

Ratio Decidendi

Plaintiff proved entitlement to summary judgment: Order 14 requirements met; defendants failed to raise any bona fide triable issue because notices were valid or immaterial, the certificate of indebtedness is conclusive absent manifest error, alleged representations and disclosure did not create contractual or legal bar to recovery, and any statutory breach does not defeat the plaintiff's claim for debt; accordingly summary judgment entered for the plaintiff for the claimed sum.

Court Disposition

Summary judgment for the Plaintiff

Orders

  • Summary judgment entered for the Plaintiff for RM38,197,402.02 as at 30.4.2020 together with late payment charges (Ta'widh)