MAK HON LEONG 1. ) KIRKLEY TEH YEE BEN 2. ) WANG PHANG YEE

MAK HON LEONG 1. ) KIRKLEY TEH YEE BEN 2. ) WANG PHANG YEE

Defendant executed and acknowledged the loan agreement; contemporaneous documents (deposit records, indemnity agreement) corroborate full payment; defendant's defences are bare, inconsistent and contradicted by documents and therefore do not raise triable issues under Order 14; summary judgment entered for plaintiff for outstanding RM1,467,116 with interest and costs.

Citation
WA-22NCC-254-04/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Mak Hon Leong; 1st Defendant: Kirkley Teh Yee Ben; 2nd Defendant: Wang Phang Yee
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 November 2025
Case Number
WA-22NCC-254-04/2025 (Mahkamah Tinggi)
Procedural Posture
Civil (commercial) Loan Recovery / Summary Judgment Stage Decision Entered
Outcome
Summary judgment granted in favour of Plaintiff against 1st Defendant for RM 1,467,116; interest at 5% per annum from date of judgment until full settlement; costs RM 8,000. Default judgment previously entered against 2nd Defendant.
Legal Topics
Summary Judgment Under Order 14, Loan Agreement Enforcement, Sham Contract, Undue Influence (contracts Act S16), Moneylending Act 1951 Compliance, Contract Interpretation Objectivity
Source Language
Malay/English
Contract Law Civil Procedure Moneylending Law Equity Summary Judgment Under Order 14 Loan Agreement Enforcement Sham Contract Undue Influence (contracts Act S16) +2 more

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Parties

Mak Hon Leong

Plaintiff

Kirkley Teh Yee Ben

1st Defendant

Wang Phang Yee

2nd Defendant

Procedural Posture

Civil (commercial) Loan Recovery / Summary Judgment Stage Decision Entered

Legal Issues

  1. 1 Whether summary judgment under Order 14 was appropriate
  2. 2 Whether the loan agreement was valid and binding on the 1st Defendant
  3. 3 Whether the agreement was a sham or an investment arrangement

Ratio Decidendi

Defendant executed and acknowledged the loan agreement; contemporaneous documents (deposit records, indemnity agreement) corroborate full payment; defendant's defences are bare, inconsistent and contradicted by documents and therefore do not raise triable issues under Order 14; summary judgment entered for plaintiff for outstanding RM1,467,116 with interest and costs.

Court Disposition

Summary judgment granted in favour of Plaintiff against 1st Defendant for RM 1,467,116; interest at 5% per annum from date of judgment until full settlement; costs RM 8,000. Default judgment previously entered against 2nd Defendant.

Orders

  • Judgment for Plaintiff against 1st Defendant in the sum of RM 1,467,116.
  • Interest on the judgment sum at 5% per annum from date of judgment until full settlement.