MALAYAN BANKING BERHAD 1. ) CARZO FRUITS (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) CHEONG WAI KEH

MALAYAN BANKING BERHAD 1. ) CARZO FRUITS (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) CHEONG WAI KEH

No triable issue existed: the certificate of indebtedness established the plaintiff's claim absent proof of manifest error; discrepancies in demand letter amounts did not vitiate the claim; signed loan agreements bind the signatories; guarantors are enforceable; summary judgment was therefore granted for the plaintiff.

Citation
WA-B52NCC-1163-05/2025 (Mahkamah Sesyen)
Parties
Plaintiff: Malayan Banking Berhad; Defendant 1: Carzo Fruits (M) Sdn Bhd; Defendant 2: Delon Lee Kean Yip; Defendant 3: Cheong Wai Keh
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 September 2025
Case Number
WA-B52NCC-1163-05/2025 (Mahkamah Sesyen)
Procedural Posture
Civil Debt Recovery (loan Agreement) / Summary Judgment (order 7/default Judgment)
Outcome
Summary judgment entered in favour of the plaintiff.
Legal Topics
Summary Judgment, Certificate of Indebtedness, Notice of Demand, Enforcement of Guarantee, Formation and Enforceability of Written Contracts
Source Language
Malay/English
Contract Banking Debt Recovery Civil Procedure Guarantee/indemnity Summary Judgment Certificate of Indebtedness Notice of Demand +2 more

Case Brief

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Parties

Malayan Banking Berhad

Plaintiff

Carzo Fruits (M) Sdn Bhd

Defendant 1

Delon Lee Kean Yip

Defendant 2

Cheong Wai Keh

Defendant 3

Procedural Posture

Civil Debt Recovery (loan Agreement) / Summary Judgment (order 7/default Judgment)

Legal Issues

  1. 1 Whether there is any triable issue to defeat the plaintiff's application for summary judgment
  2. 2 Whether the certificate of indebtedness is conclusive and shifts burden to defendants to disprove the amount
  3. 3 Whether discrepancy between demand letter amount and court claim invalidates the plaintiff's claim

Ratio Decidendi

No triable issue existed: the certificate of indebtedness established the plaintiff's claim absent proof of manifest error; discrepancies in demand letter amounts did not vitiate the claim; signed loan agreements bind the signatories; guarantors are enforceable; summary judgment was therefore granted for the plaintiff.

Court Disposition

Summary judgment entered in favour of the plaintiff.

Orders

  • Judgment for the plaintiff for RM443,102.23 as at 31.1.2025
  • Interest as claimed and costs to the plaintiff