AMBANK (M) BERHAD 1. ) SD IMPEX SDN BHD 2. ) Mohd Abdul Karim Bin Abdullah (Nod 16.3.2026) 3. ) ABANG MUHAMMAD FAHKRIE BIN ABANG ARBIE 4. ) SD ASSOCIATES VENTURE SDN BHD (NOD 16.3.2026)

AMBANK (M) BERHAD 1. ) SD IMPEX SDN BHD 2. ) Mohd Abdul Karim Bin Abdullah (Nod 16.3.2026) 3. ) ABANG MUHAMMAD FAHKRIE BIN ABANG ARBIE 4. ) SD ASSOCIATES VENTURE SDN BHD (NOD 16.3.2026)

Plaintiff established a prima facie case by serving statement of claim, entering appearance and filing an affidavit with a Certificate of Indebtedness under contractual clauses making such certificate conclusive; defendants failed to particularize or prove manifest errors, did not show that certificate had to be pre-served, and raised implausible afterthoughts; therefore no triable issues existed and summary judgment was justified.

Citation
WA-22NCC-556-08/2023 (Mahkamah Tinggi)
Parties
Plaintiff: AMBANK (M) BERHAD; Defendant: SD IMPEX SDN BHD; Defendant: MOHD ABDUL KARIM BIN ABDULLAH; Defendant: ABANG MUHAMMAD FAHKRIE BIN ABANG ARBIE; Defendant: SD ASSOCIATES VENTURE SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2024
Case Number
WA-22NCC-556-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (loan Recovery) / Summary Judgment Application Under Order 14 Rules of Court 2012
Outcome
Summary judgment granted for the plaintiff against all defendants
Legal Topics
Summary Judgment, Certificate of Indebtedness, Cross Default, Loan Recovery, Conclusiveness of Contractual Certificate, Prima Facie Burden Shift
Source Language
Malay/English
Banking and Finance Contract Civil Procedure Guarantee and Indemnity Summary Judgment Certificate of Indebtedness Cross Default Loan Recovery +2 more

Case Brief

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Parties

AMBANK (M) BERHAD

Plaintiff

SD IMPEX SDN BHD

Defendant

MOHD ABDUL KARIM BIN ABDULLAH

Defendant

ABANG MUHAMMAD FAHKRIE BIN ABANG ARBIE

Defendant

SD ASSOCIATES VENTURE SDN BHD

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether plaintiff established a prima facie case for summary judgment
  2. 2 Whether the Certificate of Indebtedness contained manifest errors
  3. 3 Whether plaintiff was required to provide the Certificate of Indebtedness prior to commencing proceedings

Ratio Decidendi

Plaintiff established a prima facie case by serving statement of claim, entering appearance and filing an affidavit with a Certificate of Indebtedness under contractual clauses making such certificate conclusive; defendants failed to particularize or prove manifest errors, did not show that certificate had to be pre-served, and raised implausible afterthoughts; therefore no triable issues existed and summary judgment was justified.

Court Disposition

Summary judgment granted for the plaintiff against all defendants

Orders

  • Summary judgment entered for AMBANK (M) BERHAD against all defendants
  • Judgment for amounts certified in the Certificate of Indebtedness dated 30 June 2023 together with interest (as claimed)