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

The Court allowed the plaintiff's Order 14 summary judgment application because the plaintiff met the procedural prerequisites and produced a contractually conclusive Certificate of Indebtedness; the defendants failed to raise bona fide triable issues or to show manifest error by affidavit, their substantive challenges were either abandoned or raised too late in submissions, and admissions and the foreclosure order confirmed default; therefore summary judgment was justified and costs were awarded to the plaintiff.

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 / Summary Judgment (order 14 Roc)
Outcome
Summary judgment allowed in favour of the Plaintiff
Legal Topics
Summary Judgment, Certificate of Indebtedness, Guarantee and Indemnity, Charge and Foreclosure, Service of Demand, Res Judicata/issue Estoppel, Multiplicity/duplicity of Proceedings, Manifest Error in Accounts
Source Language
Malay/English
Banking Contract Civil Procedure Property (charge/foreclosure) Summary Judgment Certificate of Indebtedness Guarantee and Indemnity Charge and Foreclosure +4 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 / Summary Judgment (order 14 Roc)

Legal Issues

  1. 1 Whether the Plaintiff satisfied Order 14 ROC prerequisites and is entitled to 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 or only bare denials/new issues in submissions

Ratio Decidendi

The Court allowed the plaintiff's Order 14 summary judgment application because the plaintiff met the procedural prerequisites and produced a contractually conclusive Certificate of Indebtedness; the defendants failed to raise bona fide triable issues or to show manifest error by affidavit, their substantive challenges were either abandoned or raised too late in submissions, and admissions and the foreclosure order confirmed default; therefore summary judgment was justified and costs were awarded to the plaintiff.

Court Disposition

Summary judgment allowed in favour of the Plaintiff

Orders

  • Summary judgment entered for the Plaintiff in the sum of RM40,812,665.73 as at 28.2.2023 with interest
  • Costs awarded to the Plaintiff