CIMB Bank Berhad 1. ) Jutawarna Development Sdn Bhd 2. ) Md Wira Dani Bin Abdul Daim

CIMB Bank Berhad 1. ) Jutawarna Development Sdn Bhd 2. ) Md Wira Dani Bin Abdul Daim

The Bank's certified statement of indebtedness, supported by express contractual clauses deeming such statements conclusive, established the plaintiff's entitlement to judgment; the defendants failed to adduce any credible evidence of manifest error or other bona fide triable issues (including lack of particularisation, inequality of bargaining or reliance on a non-contractual extension), therefore summary judgment was properly entered for the plaintiff.

Citation
WA-22NCC-400-06/2023 (Mahkamah Tinggi)
Parties
Plaintiff: CIMB Bank Berhad; 1st Defendant: Jutawarna Development Sdn Bhd; 2nd Defendant: Md Wira Dani bin Abdul Daim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 January 2024
Case Number
WA-22NCC-400-06/2023 (Mahkamah Tinggi)
Procedural Posture
Commercial Debt Recovery Summary Judgment Under Order 14 Rules of Court 2012 / High Court Decision on Summary Judgment (application Allowed)
Outcome
Application for summary judgment allowed; judgment entered for the Plaintiff.
Legal Topics
Summary Judgment, Certificate of Indebtedness, Guarantee, Evidence of Indebtedness, Inequality of Bargaining, Forbearance/extension of Time
Source Language
Malay/English
Banking Law Contract Law Civil Procedure Commercial Law Summary Judgment Certificate of Indebtedness Guarantee Evidence of Indebtedness +2 more

Case Brief

Summary, issues, holding and outcome

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Parties

CIMB Bank Berhad

Plaintiff

Jutawarna Development Sdn Bhd

1st Defendant

Md Wira Dani bin Abdul Daim

2nd Defendant

Procedural Posture

Commercial Debt Recovery Summary Judgment Under Order 14 Rules of Court 2012 / High Court Decision on Summary Judgment (application Allowed)

Legal Issues

  1. 1 Whether the amount claimed was insufficiently particularised to raise a triable issue
  2. 2 Whether inequality of bargaining/prejudice due to stronger bargaining power of the Bank created a triable issue
  3. 3 Whether an alleged extension of time/gratuity by the Bank created a triable issue preventing summary judgment

Ratio Decidendi

The Bank's certified statement of indebtedness, supported by express contractual clauses deeming such statements conclusive, established the plaintiff's entitlement to judgment; the defendants failed to adduce any credible evidence of manifest error or other bona fide triable issues (including lack of particularisation, inequality of bargaining or reliance on a non-contractual extension), therefore summary judgment was properly entered for the plaintiff.

Court Disposition

Application for summary judgment allowed; judgment entered for the Plaintiff.

Orders

  • Application in Enclosure 8 allowed
  • Judgment entered for the Plaintiff for RM16,453,740.24 as at 28.4.2023, together with interest at 3.50% per annum above CIMB's Base Lending Rate from 29.4.2023 until full payment