1. ) IKHLAS AL DAIN SDN BHD 2. ) SUNGEI WANG PLAZA SDN BHD 3. ) DATO SERI' ABDUL AZIM BIN MOHD ZABIDI 4. ) TAN PENG KOON AMBANK ISLAMIC BERHAD

1. ) IKHLAS AL DAIN SDN BHD 2. ) SUNGEI WANG PLAZA SDN BHD 3. ) DATO SERI' ABDUL AZIM BIN MOHD ZABIDI 4. ) TAN PENG KOON AMBANK ISLAMIC BERHAD

Plaintiff established a prima facie case under Order 14; defendants failed to demonstrate any bona fide triable issue or other reason for a trial because the facility agreements and guarantees are binding, the bank had contractual discretion to accept or reject settlement proposals, any disclosure was permitted by...

Source-derived case information.

Citation
WA-22M-45-01/2020 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK ISLAMIC BERHAD; Defendant: IKHLAS AL DAIN SDN BHD; Defendant: SUNGEI WANG PLAZA SDN BHD; Defendant: DATO' SERI ABDUL AZIM BIN MOHD ZABIDI; Defendant: TAN PENG KOON
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2020
Case Number
WA-22M-45-01/2020 (Mahkamah Tinggi)
Procedural Posture
Recovery of Debt Under Bai' Inah Cashline I; Summary Judgment (order 14 Roc) / High Court Judgment on Summary Judgment Application
Outcome
Summary judgment entered for the Plaintiff
Legal Topics
Summary Judgment, Loan Recovery, Guarantee, Confidentiality/disclosure, Shariah Compliance, Security Charge
Contract Islamic Banking Civil Procedure Equity and Trusts Summary Judgment Loan Recovery Guarantee Confidentiality/disclosure +2 more

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Parties

AMBANK ISLAMIC BERHAD

Plaintiff

IKHLAS AL DAIN SDN BHD

Defendant

SUNGEI WANG PLAZA SDN BHD

Defendant

DATO' SERI ABDUL AZIM BIN MOHD ZABIDI

Defendant

TAN PENG KOON

Defendant

Procedural Posture

Recovery of Debt Under Bai' Inah Cashline I; Summary Judgment (order 14 Roc) / High Court Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants raised a bona fide triable issue to resist summary judgment under Order 14
  2. 2 Whether the plaintiff breached representations or Shariah principles by refusing to negotiate or provide time to settle
  3. 3 Whether the plaintiff unlawfully disclosed chargor information to a third party in contravention of s.145 IFSA and thereby frustrated sale efforts

Ratio Decidendi

Plaintiff established a prima facie case under Order 14; defendants failed to demonstrate any bona fide triable issue or other reason for a trial because the facility agreements and guarantees are binding, the bank had contractual discretion to accept or reject settlement proposals, any disclosure was permitted by the charge upon event of default, and any alleged statutory or Shariah breaches do not defeat the plaintiff's claim for recovery which is distinct from separate complaints that must be pursued separately; therefore summary judgment was warranted for the plaintiff.

Court Disposition

Summary judgment entered for the Plaintiff

Orders

  • Summary judgment granted in favour of the Plaintiff