KHOO YEE HWA TAN YEW HOE

KHOO YEE HWA TAN YEW HOE

The High Court held the Sessions Court correctly applied Order 14: the plaintiff established a prima facie case for RM340,000 and the defendant failed on affidavit evidence to raise a bona fide triable issue as to the loan's characterization; therefore summary judgment was appropriate and the appeal was dismissed.

Citation
BA-12ANCvC-5-01/2022 (Mahkamah Tinggi)
Parties
Appellant: Khoo Yee Hwa; Respondent: Tan Yew Hoe
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 May 2022
Case Number
BA-12ANCvC-5-01/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (summary Judgment) / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Summary Judgment, Order 14 Rules of Court 2012, Triable Issue, Burden of Proof, Loan Characterization (friendly Vs High‑interest / Tontine), Abuse of Process
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Summary Judgment Order 14 Rules of Court 2012 Triable Issue Burden of Proof Loan Characterization (friendly Vs High‑interest / Tontine) +1 more

Case Brief

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Parties

Khoo Yee Hwa

Appellant

Tan Yew Hoe

Respondent

Procedural Posture

Civil Appeal (summary Judgment) / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the Sessions Court correctly entered summary judgment under Order 14
  2. 2 Whether the defendant raised a bona fide triable issue as to the nature of the loan (friendly loan vs high‑interest/tontine)
  3. 3 Whether the appellate court should interfere with factual findings of the trial judge

Ratio Decidendi

The High Court held the Sessions Court correctly applied Order 14: the plaintiff established a prima facie case for RM340,000 and the defendant failed on affidavit evidence to raise a bona fide triable issue as to the loan's characterization; therefore summary judgment was appropriate and the appeal was dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Sessions Court judgment granting summary judgment for plaintiff for RM340,000 affirmed