AMBANK (M) BERHAD 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI

AMBANK (M) BERHAD 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI

Plaintiff fulfilled Order 14 prerequisites and produced a contractually authenticated certificate of indebtedness which is conclusive absent pleaded and evidenced manifest error; defendants failed to plead or adduce affidavit evidence of any bona fide triable issue or manifest error, relied on bare denials and late arguments from counsel, and foreclosure did not preclude the in personam claim; combined with defendants' admissions and res judicata from foreclosure, summary judgment for the plaintiff was appropriate.

Citation
WA-22NCC-265-05/2023 (Mahkamah Tinggi)
Parties
Plaintiff: AmBank (M) Berhad; Defendant: CSTME Resources Sdn Bhd; Defendant: Impiana Alamjaya Sdn Bhd; Defendant: Albert Tan Yean Heong; Defendant: Wan Ahmad Kamal bin Mohd Rasdi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
31 July 2024
Case Number
WA-22NCC-265-05/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (commercial) / Summary Judgment Application Under Order 14 Rules of Court 2012
Outcome
Application allowed; summary judgment entered for Plaintiff
Legal Topics
Summary Judgment, Certificate of Indebtedness, Foreclosure, Guarantee and Indemnity, Third Party Charge, Service of Demand, Res Judicata, Manifest Error
Source Language
Malay/English
Banking Contract Civil Procedure Property Security/charges Summary Judgment Certificate of Indebtedness Foreclosure +5 more

Case Brief

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Parties

AmBank (M) Berhad

Plaintiff

CSTME Resources Sdn Bhd

Defendant

Impiana Alamjaya Sdn Bhd

Defendant

Albert Tan Yean Heong

Defendant

Wan Ahmad Kamal bin Mohd Rasdi

Defendant

Procedural Posture

Civil (commercial) / Summary Judgment Application Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether plaintiff satisfied prerequisites for Order 14 summary judgment
  2. 2 Whether the certificate of indebtedness is conclusive and shifts burden to defendants
  3. 3 Whether defendants raised bona fide triable issues supported by affidavit/pleadings

Ratio Decidendi

Plaintiff fulfilled Order 14 prerequisites and produced a contractually authenticated certificate of indebtedness which is conclusive absent pleaded and evidenced manifest error; defendants failed to plead or adduce affidavit evidence of any bona fide triable issue or manifest error, relied on bare denials and late arguments from counsel, and foreclosure did not preclude the in personam claim; combined with defendants' admissions and res judicata from foreclosure, summary judgment for the plaintiff was appropriate.

Court Disposition

Application allowed; summary judgment entered for Plaintiff

Orders

  • Summary judgment granted in favour of AmBank (M) Berhad for the sum of RM40,812,665.73 as at 28.2.2023 with interest as claimed
  • Costs awarded to the Plaintiff