AMBANK (M) BERHAD 1. ) STARFOAM & LATEX INDUSTRY SDN BHD 2. ) NG BOON TOUNG 3. ) JI KIM CHUAN 4. ) LEE TEONG PENG 5. ) DANNY TAN HOCK KEONG

AMBANK (M) BERHAD 1. ) STARFOAM & LATEX INDUSTRY SDN BHD 2. ) NG BOON TOUNG 3. ) JI KIM CHUAN 4. ) LEE TEONG PENG 5. ) DANNY TAN HOCK KEONG

Plaintiff established a prima facie case supported by executed facility and guarantee agreements and a contractual certificate of indebtedness; without‑prejudice communications were inadmissible; defendants' allegations were unsupported general denials and did not raise bona fide triable issues; Defendant 5's failure to file an affidavit amounted to acceptance of Plaintiff's averments; summary judgment therefore entered for Plaintiff for RM2,113,221.83 with contractual default interest and costs on indemnity basis.

Citation
WA-22NCC-845-12/2025 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK (M) BERHAD; Defendant 1: STARFOAM & LATEX INDUSTRY SDN BHD; Defendant 2: NG BOON TOUNG; Defendant 3: JI KIM CHUAN; Defendant 4: LEE TEONG PENG; Defendant 5: DANNY TAN HOCK KEONG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2026
Case Number
WA-22NCC-845-12/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Debt Enforcement Summary Judgment Application / Application for Summary Judgment Under Order 14 Kaedah‑kaedah Mahkamah 2012 Filed and Determined
Outcome
Summary judgment entered for Plaintiff against Defendants 1, 2, 3 and 5.
Legal Topics
Summary Judgment, Guarantees and Indemnities, Without Prejudice Communications, Conclusive Evidence Certificate, Default Interest, Failure to File Affidavit
Source Language
Malay/English
Banking Law Contract Law Civil Procedure Evidence Law Summary Judgment Guarantees and Indemnities Without Prejudice Communications Conclusive Evidence Certificate +2 more

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Parties

AMBANK (M) BERHAD

Plaintiff

STARFOAM & LATEX INDUSTRY SDN BHD

Defendant 1

NG BOON TOUNG

Defendant 2

JI KIM CHUAN

Defendant 3

LEE TEONG PENG

Defendant 4

DANNY TAN HOCK KEONG

Defendant 5

Procedural Posture

Civil Commercial Debt Enforcement Summary Judgment Application / Application for Summary Judgment Under Order 14 Kaedah‑kaedah Mahkamah 2012 Filed and Determined

Legal Issues

  1. 1 Admissibility of without prejudice communications
  2. 2 Effect of failure to file affidavit in response
  3. 3 Allegation of unequal bargaining power/unequal bargaining position

Ratio Decidendi

Plaintiff established a prima facie case supported by executed facility and guarantee agreements and a contractual certificate of indebtedness; without‑prejudice communications were inadmissible; defendants' allegations were unsupported general denials and did not raise bona fide triable issues; Defendant 5's failure to file an affidavit amounted to acceptance of Plaintiff's averments; summary judgment therefore entered for Plaintiff for RM2,113,221.83 with contractual default interest and costs on indemnity basis.

Court Disposition

Summary judgment entered for Plaintiff against Defendants 1, 2, 3 and 5.

Orders

  • Summary judgment under Order 14 KM 2012 entered for Plaintiff against Defendants 1, 2, 3 and 5 for RM2,113,221.83.
  • Amount to carry continuous default interest at the contractual rate from date of default until full settlement.