D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

D2D BIZHUB SDN. BHD. 1. ) ALPHA FINTECH SDN. BHD. 2. ) KOH CHEE SIONG BUKAN PIHAK-PIHAK TEOH WENG BOON

Plaintiff established the Order 14 prerequisites and produced documentary evidence (settlement agreement and correspondence) conclusively acknowledging the RM1,250,000 debt; defendants failed to adduce credible evidence to create triable issues on identity of lender, repayments, duress or illegality; estoppel applies to bar re-opening of settled issues; summary judgment granted for RM1,250,000 with interest at 8% p.a. from 31.05.2024 and costs RM4,000.

Citation
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Parties
Plaintiff: D2D Bizhub Sdn. Bhd.; First Defendant: Alpha Fintech Sdn. Bhd.; Second Defendant: Koh Chee Siong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
18 April 2025
Case Number
WA-22NCC-641-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Summary Judgment Application / Summary Judgment (order 14 ROC 2012)
Outcome
Summary judgment granted for Plaintiff against Defendants jointly and severally
Legal Topics
Summary Judgment, Settlement Agreement, Guarantee, Duress, Illegal Moneylending, Estoppel, Late Payment Interest
Source Language
Malay/English
Contract Civil Procedure Commercial Law Equity Criminal Law (illegality) Moneylenders Law Summary Judgment Settlement Agreement +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

D2D Bizhub Sdn. Bhd.

Plaintiff

Alpha Fintech Sdn. Bhd.

First Defendant

Koh Chee Siong

Second Defendant

Procedural Posture

Civil Suit Summary Judgment Application / Summary Judgment (order 14 ROC 2012)

Legal Issues

  1. 1 Whether summary judgment appropriate under Order 14 ROC 2012
  2. 2 Whether estoppel bars defendants from reopening settled issues
  3. 3 Whether the identity of the lender and loan quantum are genuinely disputed

Ratio Decidendi

Plaintiff established the Order 14 prerequisites and produced documentary evidence (settlement agreement and correspondence) conclusively acknowledging the RM1,250,000 debt; defendants failed to adduce credible evidence to create triable issues on identity of lender, repayments, duress or illegality; estoppel applies to bar re-opening of settled issues; summary judgment granted for RM1,250,000 with interest at 8% p.a. from 31.05.2024 and costs RM4,000.

Court Disposition

Summary judgment granted for Plaintiff against Defendants jointly and severally

Orders

  • Defendants to pay Plaintiff RM1,250,000.00
  • Interest at 8% per annum on RM1,250,000.00 calculated from 31.05.2024 until full payment