Bank Pertanian Malaysia Berhad 1. ) LF Marketing Sdn Bhd 2. ) Guan Lip Fatt @ Chin Lip Fatt 3. ) Cheong Tho Moi

Bank Pertanian Malaysia Berhad 1. ) LF Marketing Sdn Bhd 2. ) Guan Lip Fatt @ Chin Lip Fatt 3. ) Cheong Tho Moi

Because the defendants failed to comply with court directions to file affidavit replies and written submissions, failed to attend the hearing (filing a last-minute adjournment letter which the court found not credible) and therefore admitted the plaintiff's affidavit evidence, the court allowed the plaintiff's applications: entered judgment for the plaintiff and struck out the defendants' counterclaim, awarding costs of RM1,500 for each application (total RM3,000).

Citation
NA-22M-124-08/2023 (Mahkamah Tinggi)
Parties
Plaintiff: Bank Pertanian Malaysia Berhad; Defendan Pertama: LF Marketing Sdn Bhd; Defendan Kedua: Guan Lip Fatt @ Chin Lip Fatt; Defendan Ketiga: Cheong Tho Moi
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 January 2024
Case Number
NA-22M-124-08/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Banking (summary Judgment / Enforcement) / Judgment on Interlocutory/applications (appeal Against Orders Granting Plaintiff's Applications)
Outcome
Plaintiff's applications allowed; judgment entered against defendants and defendants' counterclaim struck out.
Legal Topics
Summary Judgment, Strike Out Counterclaim, Default Judgment, Failure to Comply With Case Management Directions, Affidavit Evidence, Guarantee and Security
Source Language
Malay/English
Banking Contract Civil Procedure Islamic Finance (shariah) Summary Judgment Strike Out Counterclaim Default Judgment Failure to Comply With Case Management Directions +2 more

Case Brief

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Parties

Bank Pertanian Malaysia Berhad

Plaintiff

LF Marketing Sdn Bhd

Defendan Pertama

Guan Lip Fatt @ Chin Lip Fatt

Defendan Kedua

Cheong Tho Moi

Defendan Ketiga

Procedural Posture

Civil Banking (summary Judgment / Enforcement) / Judgment on Interlocutory/applications (appeal Against Orders Granting Plaintiff's Applications)

Legal Issues

  1. 1 Whether the court should grant plaintiff's application for judgment in default against the defendants
  2. 2 Whether the defendants' counterclaim should be struck out for non-compliance
  3. 3 Whether defendants' failure to attend hearing and to file affidavits justifies entry of judgment and costs

Ratio Decidendi

Because the defendants failed to comply with court directions to file affidavit replies and written submissions, failed to attend the hearing (filing a last-minute adjournment letter which the court found not credible) and therefore admitted the plaintiff's affidavit evidence, the court allowed the plaintiff's applications: entered judgment for the plaintiff and struck out the defendants' counterclaim, awarding costs of RM1,500 for each application (total RM3,000).

Court Disposition

Plaintiff's applications allowed; judgment entered against defendants and defendants' counterclaim struck out.

Orders

  • Judgment entered for the Plaintiff for RM2,751,179.25 as at 8 August 2023
  • Interest/compensation for late payment on RM2,751,179.25 to be calculated from 9 August 2023 until full settlement