1. ) LEONG KUM TOH 2. ) ENG WAN CHI 3. ) ENG KAI SIANG ENG LAI SEONG

1. ) LEONG KUM TOH 2. ) ENG WAN CHI 3. ) ENG KAI SIANG ENG LAI SEONG

Plaintiffs met Order 14 preconditions and produced unchallenged contemporaneous evidence (bank statements, audio transcript) showing the Defendant received and admitted a RM1.5 million loan which remains unpaid; the Defendant failed to plead or adduce evidence of any substantive triable issue or lawful offset; therefore summary judgment was appropriate and entered for RM1,500,000 with interest from 28 February 2021 until judgment and costs of RM8,000.

Citation
BA-22NCvC-377-09/2023 (Mahkamah Tinggi)
Parties
Plaintiff (1st): Leong Kum Toh; Plaintiff (2nd): Eng Wan Chi; Plaintiff (3rd): Eng Kai Siang; Defendant: Eng Lai Seong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 July 2024
Case Number
BA-22NCvC-377-09/2023 (Mahkamah Tinggi)
Procedural Posture
Civil (summary Judgment Under Order 14) / Application for Summary Judgment
Outcome
Summary judgment entered for Plaintiffs for RM1,500,000 with interest from 28 February 2021 until date of judgment and costs of RM8,000
Legal Topics
Summary Judgment, Enforcement of Divorce Order, Repayment of Loan, Breach of Trust, Maintenance and Child Support, Pleadings and Particulars
Source Language
Malay/English
Civil Procedure Family Law Contract Law Trusts and Fiduciary Obligations Evidence Summary Judgment Enforcement of Divorce Order Repayment of Loan +3 more

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Parties

Leong Kum Toh

Plaintiff (1st)

Eng Wan Chi

Plaintiff (2nd)

Eng Kai Siang

Plaintiff (3rd)

Eng Lai Seong

Defendant

Procedural Posture

Civil (summary Judgment Under Order 14) / Application for Summary Judgment

Legal Issues

  1. 1 Whether the Defendant owes RM1,500,000 to the Plaintiffs arising from a loan of funds held for the children pursuant to a divorce order
  2. 2 Whether the Plaintiffs satisfied the preconditions for summary judgment under Order 14 ROC 2012
  3. 3 Whether the Defendant raised any bona fide triable issue to defeat summary judgment including claims of prior payments or offsets

Ratio Decidendi

Plaintiffs met Order 14 preconditions and produced unchallenged contemporaneous evidence (bank statements, audio transcript) showing the Defendant received and admitted a RM1.5 million loan which remains unpaid; the Defendant failed to plead or adduce evidence of any substantive triable issue or lawful offset; therefore summary judgment was appropriate and entered for RM1,500,000 with interest from 28 February 2021 until judgment and costs of RM8,000.

Court Disposition

Summary judgment entered for Plaintiffs for RM1,500,000 with interest from 28 February 2021 until date of judgment and costs of RM8,000

Orders

  • Grant Plaintiffs' claim for RM1,500,000 (as per prayers I and IV)
  • Interest to accrue from 28 February 2021 until date of judgment