MALAYAN BANKING BERHAD 1. TEGAP BUMIJAYA SDN BHD 2. TAN KAR WEE 3. CHIN MEEI YUH

MALAYAN BANKING BERHAD 1. TEGAP BUMIJAYA SDN BHD 2. TAN KAR WEE 3. CHIN MEEI YUH

Although the plaintiff established a prima facie liquidated claim via an uncontested Certificate of Indebtedness, the court found genuine triable issues as to whether the plaintiff had taken adequate steps (due diligence/notice and foreclosure/enforcement of charged property) before pursuing guarantors; those triable issues required a trial and therefore summary judgment under Order 14 was refused.

Citation
JA22-NCC-8-02/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Malayan Banking Berhad; First Defendant: Tegap Bumijaya Sdn Bhd; Second Defendant: Tan Kar Wee; Third Defendant: Chin Meei Yuh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
15 October 2020
Case Number
JA22-NCC-8-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Concerning Banking Facilities, Guarantees and Recovery of Debt / Application for Summary Judgment Under Order 14 Rules of Court 2012 (heard and Decided at High Court)
Outcome
Application for summary judgment dismissed
Legal Topics
Summary Judgment, Certificate of Indebtedness, Letters of Guarantee, Service of Process, Foreclosure of Charged Property, Interest Computation, Triable Issue, Order 14
Source Language
Malay/English
Civil Procedure Banking Law Contract Law Security/charge Law Evidence Law Summary Judgment Certificate of Indebtedness Letters of Guarantee +5 more

Case Brief

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Parties

Malayan Banking Berhad

Plaintiff

Tegap Bumijaya Sdn Bhd

First Defendant

Tan Kar Wee

Second Defendant

Chin Meei Yuh

Third Defendant

Procedural Posture

Civil Suit Concerning Banking Facilities, Guarantees and Recovery of Debt / Application for Summary Judgment Under Order 14 Rules of Court 2012 (heard and Decided at High Court)

Legal Issues

  1. 1 Whether the plaintiff satisfied preliminary requirements for summary judgment under Order 14
  2. 2 Whether the certificate of indebtedness conclusively establishes the debt absent manifest error
  3. 3 Whether letters of demand were properly served on guarantors in accordance with contract

Ratio Decidendi

Although the plaintiff established a prima facie liquidated claim via an uncontested Certificate of Indebtedness, the court found genuine triable issues as to whether the plaintiff had taken adequate steps (due diligence/notice and foreclosure/enforcement of charged property) before pursuing guarantors; those triable issues required a trial and therefore summary judgment under Order 14 was refused.

Court Disposition

Application for summary judgment dismissed

Orders

  • Application dismissed
  • Costs in the cause