Queck Han Tiong Wan Kian Han

Queck Han Tiong Wan Kian Han

The court found there are clear triable issues—primarily whether the loans between plaintiff and defendant were replaced by a loan between plaintiff and Neo Ching Yuen supported by witness evidence and contemporaneous documents—such that summary judgment was inappropriate; conversely the proceedings in Penang (Guaman 148) are directly related and consolidation/transfer to the High Court in Penang is appropriate to resolve all connected issues efficiently, and costs are in the cause.

Citation
JA-22NCvC-119-09/2024 (Mahkamah Tinggi)
Parties
Plaintiff: QUECK HAN TIONG; Defendant: WAN KIAN HAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 November 2025
Case Number
JA-22NCvC-119-09/2024 (Mahkamah Tinggi)
Procedural Posture
Civil: Claim for Repayment of Loans (debt) / Interlocutory Decision on Summary Judgment and Transfer/consolidation Applications
Outcome
Plaintiff's summary judgment application (Lampiran 5) dismissed; Defendant's application (Lampiran 9) for transfer and consolidation allowed
Legal Topics
Summary Judgment (order 14), Transfer and Consolidation of Proceedings, Novation/replacement of Obligations, Pledge of Shares, Triable Issue and Evidence
Source Language
Malay/English
Contract Civil Procedure Company Law Equity Summary Judgment (order 14) Transfer and Consolidation of Proceedings Novation/replacement of Obligations Pledge of Shares +1 more

Case Brief

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Parties

QUECK HAN TIONG

Plaintiff

WAN KIAN HAN

Defendant

Procedural Posture

Civil: Claim for Repayment of Loans (debt) / Interlocutory Decision on Summary Judgment and Transfer/consolidation Applications

Legal Issues

  1. 1 Whether the defendant has any defence to the plaintiff's claim warranting summary judgment
  2. 2 Whether the alleged loans between plaintiff and defendant were replaced by a loan between the plaintiff and Neo Ching Yuen (novation/replacement)
  3. 3 Whether the proceedings should be transferred and consolidated with Guaman 148 in Penang

Ratio Decidendi

The court found there are clear triable issues—primarily whether the loans between plaintiff and defendant were replaced by a loan between plaintiff and Neo Ching Yuen supported by witness evidence and contemporaneous documents—such that summary judgment was inappropriate; conversely the proceedings in Penang (Guaman 148) are directly related and consolidation/transfer to the High Court in Penang is appropriate to resolve all connected issues efficiently, and costs are in the cause.

Court Disposition

Plaintiff's summary judgment application (Lampiran 5) dismissed; Defendant's application (Lampiran 9) for transfer and consolidation allowed

Orders

  • Lampiran 5 (summary judgment by plaintiff) is dismissed with costs in the cause
  • Lampiran 9 is allowed: the action JA-22NCVC-119-09/2024 is transferred to the High Court Malaya at Pulau Pinang to be consolidated with Guaman Sivil No. PA-22NCVC-148-10/2024