HONG LEONG BANK BERHAD 1. ) UNITED JAYA SDN. BHD 2. ) LIM CHEE CHOW 3. ) TEOH JUN AIK 4. ) TAN LAI HEE 5. ) TEOH SAY ENG

HONG LEONG BANK BERHAD 1. ) UNITED JAYA SDN. BHD 2. ) LIM CHEE CHOW 3. ) TEOH JUN AIK 4. ) TAN LAI HEE 5. ) TEOH SAY ENG

The court found the Revocation Letter was validly sent and deemed served, the Certificate of Indebtedness was unchallenged and conclusive, and the Defendants produced only unverified denials and late submissions; consequently there was no bona fide triable defence and summary judgment was proper against the borrower...

Source-derived case information.

Citation
WA-22NCC-91-02/2024 (Mahkamah Tinggi)
Parties
Plaintiff: Hong Leong Bank Berhad; 1st Defendant: United Jaya Sdn. Bhd.; 2nd Defendant: Lim Chee Chow; 3rd Defendant: Teoh Jun Aik; 4th Defendant: Tan Lai Hee; 5th Defendant: Teoh Say Eng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
19 September 2024
Case Number
WA-22NCC-91-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil (banking/contract) / Application for Summary Judgment Under Order 14 Rules of Court 2012
Outcome
Application for summary judgment allowed; summary judgment entered for Plaintiff against Defendants with costs.
Legal Topics
Summary Judgment, Certificate of Indebtedness, Service by Registered Post, Revocation of Payment Holiday, Estoppel by Silence, Guarantor Liability
Commercial Law Banking and Finance Civil Procedure Contract Law Suretyship/guaranty Summary Judgment Certificate of Indebtedness Service by Registered Post +3 more

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Parties

Hong Leong Bank Berhad

Plaintiff

United Jaya Sdn. Bhd.

1st Defendant

Lim Chee Chow

2nd Defendant

Teoh Jun Aik

3rd Defendant

Tan Lai Hee

4th Defendant

Teoh Say Eng

5th Defendant

Procedural Posture

Civil (banking/contract) / Application for Summary Judgment Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether the payment holiday was validly revoked and effective
  2. 2 Whether the Revocation Letter was validly served/deemed served
  3. 3 Whether the Certificate of Indebtedness is conclusive evidence of indebtedness

Ratio Decidendi

The court found the Revocation Letter was validly sent and deemed served, the Certificate of Indebtedness was unchallenged and conclusive, and the Defendants produced only unverified denials and late submissions; consequently there was no bona fide triable defence and summary judgment was proper against the borrower and guarantors.

Court Disposition

Application for summary judgment allowed; summary judgment entered for Plaintiff against Defendants with costs.

Orders

  • Summary judgment entered for the Plaintiff against the 1st to 5th Defendants
  • Costs awarded to the Plaintiff