AmBank (M) Berhad Reliance Shipping & Travel Agencies Sdn Bhd

AmBank (M) Berhad Reliance Shipping & Travel Agencies Sdn Bhd

The court allowed summary judgment because the plaintiff proved the indebtedness by account statements and a certificate of indebtedness which are conclusive in the absence of manifest error; the plaintiff demonstrated proper application of security proceeds; and the contractual notice provisions rendered the demand duly served. The defendants did not raise any triable issue.

Citation
WA-22NCC-657-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff: AmBank (M) Berhad; First Defendant: Reliance Shipping & Travel Agencies Sdn Bhd; Second Defendant: Dato' Gan Eng Kwong; Third Defendant: Datin Irene Tan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2020
Case Number
WA-22NCC-657-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Debt Recovery (bank Overdraft) / Summary Judgment Application (allowed)
Outcome
Summary judgment granted in favour of the Plaintiff AmBank (M) Berhad
Legal Topics
Overdraft Facility, Guarantee and Indemnity, Memorandum of Deposit, Certificate of Indebtedness, Service of Demand, Summary Judgment Standard, Sale of Charged Assets
Source Language
Malay/English
Banking Debt Recovery Civil Procedure Contract Law Security Interests Overdraft Facility Guarantee and Indemnity Memorandum of Deposit +4 more

Case Brief

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Parties

AmBank (M) Berhad

Plaintiff

Reliance Shipping & Travel Agencies Sdn Bhd

First Defendant

Dato' Gan Eng Kwong

Second Defendant

Datin Irene Tan

Third Defendant

Procedural Posture

Civil Debt Recovery (bank Overdraft) / Summary Judgment Application (allowed)

Legal Issues

  1. 1 Whether there are triable issues sufficient to defeat summary judgment
  2. 2 Whether the plaintiff's account statements and certificate of indebtedness are conclusive save for manifest error
  3. 3 Whether sale proceeds of charged assets were properly applied to the indebtedness

Ratio Decidendi

The court allowed summary judgment because the plaintiff proved the indebtedness by account statements and a certificate of indebtedness which are conclusive in the absence of manifest error; the plaintiff demonstrated proper application of security proceeds; and the contractual notice provisions rendered the demand duly served. The defendants did not raise any triable issue.

Court Disposition

Summary judgment granted in favour of the Plaintiff AmBank (M) Berhad

Orders

  • Summary judgment allowed for the Plaintiff
  • Judgment for recovery of the outstanding indebtedness and interest as claimed by the Plaintiff (as set out in the Plaintiff's statements)