AMBANK (M) BERHAD 1. DATO' LEE SON HONG 2. DATIN TOO SOOI KENG 3. WRP SPECIALTY PRODUCTS SDN BHD

AMBANK (M) BERHAD 1. DATO' LEE SON HONG 2. DATIN TOO SOOI KENG 3. WRP SPECIALTY PRODUCTS SDN BHD

Plaintiff satisfied Order 14 preliminary requirements and produced prima facie evidence of indebtedness; defendants failed to establish any bona fide triable issue that would require a full trial; summary judgment therefore properly entered against the 1st and 3rd defendants.

Citation
22NCC-536-09/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Ambank (M) Berhad; 1st Defendant: Dato' Lee Son Hong; 2nd Defendant: Datin Too Sooi Keng; 3rd Defendant: WRP Specialty Products Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 February 2020
Case Number
22NCC-536-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil (commercial) Debt/guarantee Enforcement / Application for Summary Judgment Under Order 14; Summary Judgment Granted
Outcome
Summary judgment allowed in favour of Plaintiff against the 1st and 3rd Defendants with costs
Legal Topics
Summary Judgment, Guarantor Liability, Certificate of Indebtedness, Document Stamping, Triable Issue
Source Language
Malay/English
Contract Banking Civil Procedure Guarantees Commercial Law Summary Judgment Guarantor Liability Certificate of Indebtedness +2 more

Case Brief

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Parties

Ambank (M) Berhad

Plaintiff

Dato' Lee Son Hong

1st Defendant

Datin Too Sooi Keng

2nd Defendant

WRP Specialty Products Sdn Bhd

3rd Defendant

Procedural Posture

Civil (commercial) Debt/guarantee Enforcement / Application for Summary Judgment Under Order 14; Summary Judgment Granted

Legal Issues

  1. 1 Whether plaintiff satisfied preliminary requirements for O.14 summary judgment
  2. 2 Whether defendants raised any triable issue requiring full trial
  3. 3 Validity/relevance of Time Option Transaction documents

Ratio Decidendi

Plaintiff satisfied Order 14 preliminary requirements and produced prima facie evidence of indebtedness; defendants failed to establish any bona fide triable issue that would require a full trial; summary judgment therefore properly entered against the 1st and 3rd defendants.

Court Disposition

Summary judgment allowed in favour of Plaintiff against the 1st and 3rd Defendants with costs

Orders

  • Summary judgment entered against the 1st Defendant Dato' Lee Son Hong and the 3rd Defendant WRP Specialty Products Sdn Bhd
  • Costs awarded to Plaintiff