AMBANK (M) BERHAD 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD DAHLAN

AMBANK (M) BERHAD 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD DAHLAN

Plaintiff's claim was dismissed because it failed to prove the claimed indebtedness: the critical account statements remained identification documents (ID) and were not admitted as exhibits due to non-compliance with s90A Evidence Act 1950 and absence of a certificate of indebtedness; therefore the plaintiff did not...

Source-derived case information.

Citation
TA-B52NCC-1-02/2023 (Mahkamah Sesyen)
Parties
Plaintiff: AMBANK (M) BERHAD; Defendant 1: SD WORK SDN BHD; Defendant 2: MD NAZIRUDDIN BIN MOHAMAD DAHLAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
26 January 2026
Case Number
TA-B52NCC-1-02/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Appeal (debt Recovery) / Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Loan Facility, Guarantee and Indemnity, Admissibility of Computer Generated Documents (s90 A), Service of Contractual Notices (deeming Provisions), Certificate of Indebtedness, Burden of Proof
Contract Law Banking and Finance Evidence Civil Procedure Loan Facility Guarantee and Indemnity Admissibility of Computer Generated Documents (s90 A) Service of Contractual Notices (deeming Provisions) +2 more

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Parties

AMBANK (M) BERHAD

Plaintiff

SD WORK SDN BHD

Defendant 1

MD NAZIRUDDIN BIN MOHAMAD DAHLAN

Defendant 2

Procedural Posture

Civil Appeal (debt Recovery) / Judgment

  1. 1 Whether the terms of the Letter of Offer dated 17.6.2019 bound the defendants
  2. 2 Whether the second defendant was bound by the Guarantee and Indemnity dated 27.6.2019
  3. 3 Whether the bank (plaintiff) was liable for the failed cheque payment from a third party

Ratio Decidendi

Plaintiff's claim was dismissed because it failed to prove the claimed indebtedness: the critical account statements remained identification documents (ID) and were not admitted as exhibits due to non-compliance with s90A Evidence Act 1950 and absence of a certificate of indebtedness; therefore the plaintiff did not discharge the burden of proof on the amount claimed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Claim dismissed
  • Costs of RM7000 awarded to the defendants