MALAYAN BANKING BERHAD 1. ) BINA PURI SDN BHD 2. ) BINA PURI HOLDINGS BERHAD 3. ) TAN SRI DATUK TEE HOCK SENG

MALAYAN BANKING BERHAD 1. ) BINA PURI SDN BHD 2. ) BINA PURI HOLDINGS BERHAD 3. ) TAN SRI DATUK TEE HOCK SENG

Defendants failed to adduce credible contemporaneous evidence or raise bona fide triable issues of misrepresentation, duress/undue influence or mala fide conduct; the Guarantees were validly executed and expressly permitted enforcement; accordingly summary judgment for the Plaintiff and striking out of the Defendants' counterclaim were warranted.

Citation
WA-22NCC-210-05/2022 (Mahkamah Tinggi)
Parties
Plaintiff: MALAYAN BANKING BERHAD; Defendant: BINA PURI SDN BHD; Defendant: BINA PURI HOLDINGS BERHAD; Defendant: TAN SRI DATUK TEE HOCK SENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 October 2022
Case Number
WA-22NCC-210-05/2022 (Mahkamah Tinggi)
Procedural Posture
Commercial Banking Facilities Enforcement (summary Judgment/strike Out) / Application for Summary Judgment and Strike Out; Application for Leave to File Further Affidavit (rendered Academic)
Outcome
Summary judgment granted for Plaintiff; Defendants' counterclaim struck out; application to file further affidavit rendered academic/declined
Legal Topics
Summary Judgment, Strike Out, Corporate Guarantee, Personal Guarantee, Misrepresentation, Duress, Undue Influence, Mala Fide, Repayment Arrangement
Source Language
Malay/English
Banking Law Contract Law Civil Procedure Equity Summary Judgment Strike Out Corporate Guarantee Personal Guarantee +5 more

Case Brief

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Parties

MALAYAN BANKING BERHAD

Plaintiff

BINA PURI SDN BHD

Defendant

BINA PURI HOLDINGS BERHAD

Defendant

TAN SRI DATUK TEE HOCK SENG

Defendant

Procedural Posture

Commercial Banking Facilities Enforcement (summary Judgment/strike Out) / Application for Summary Judgment and Strike Out; Application for Leave to File Further Affidavit (rendered Academic)

Legal Issues

  1. 1 Whether there existed a bona fide triable issue of misrepresentation to vitiate the Guarantees
  2. 2 Whether the Personal and Corporate Guarantees were procured by duress or undue influence
  3. 3 Whether the Plaintiff acted mala fide in enforcing the Guarantees and commencing suit

Ratio Decidendi

Defendants failed to adduce credible contemporaneous evidence or raise bona fide triable issues of misrepresentation, duress/undue influence or mala fide conduct; the Guarantees were validly executed and expressly permitted enforcement; accordingly summary judgment for the Plaintiff and striking out of the Defendants' counterclaim were warranted.

Court Disposition

Summary judgment granted for Plaintiff; Defendants' counterclaim struck out; application to file further affidavit rendered academic/declined

Orders

  • Summary judgment entered for Plaintiff in terms of Enclosure 5 with costs fixed at RM10000.00 subject to allocator
  • Defendants' counterclaim struck out in terms of Enclosure 10 with costs fixed at RM7000.00 subject to allocator