RHB BANK BERHAD (NO. SYARIKAT: 6171-M) 1. Y.C TRAVEL & TOURS SDN BHD (NO. SYARIKAT: 811016-V) 2. CHOONG HIN SEONG (NO. K/P: 710708-07-5419) 3. CHU SAU BEN (NO. K/P: 651001-01-5167) 4. ANUAR BIN AHMAD (NO. K/P: 640105-07-5443)

RHB BANK BERHAD (NO. SYARIKAT: 6171-M) 1. Y.C TRAVEL & TOURS SDN BHD (NO. SYARIKAT: 811016-V) 2. CHOONG HIN SEONG (NO. K/P: 710708-07-5419) 3. CHU SAU BEN (NO. K/P: 651001-01-5167) 4. ANUAR BIN AHMAD (NO. K/P: 640105-07-5443)

The 2nd and 4th Defendants failed to establish any bona fide defence or triable issue because they admitted the existence of the guarantee and produced only bare allegations without particulars or evidence; the Bank's Certificate of Indebtedness was contractually conclusive absent manifest error; therefore summary judgment was entered against them for the indebtedness claimed with interest and costs.

Citation
WA-22NCC-413-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: RHB Bank Berhad; 1st Defendant: Y.C Travel & Tours Sdn Bhd; 2nd Defendant: Choong Hin Seong; 3rd Defendant: Chu Sau Ben; 4th Defendant: Anuar bin Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 December 2019
Case Number
WA-22NCC-413-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Commercial Banking Debt Recovery / Summary Judgment Application (judgment Entered)
Outcome
Summary judgment allowed against the 2nd and 4th Defendants; no bona fide defence found.
Legal Topics
Summary Judgment, Personal Guarantee, Certificate of Indebtedness, Default Interest, Charges Over Property, Undue Influence, Director Capacity
Source Language
Malay/English
Banking Law Contract Law Civil Procedure Guarantee Law Security Interests Summary Judgment Personal Guarantee Certificate of Indebtedness +4 more

Case Brief

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Parties

RHB Bank Berhad

Plaintiff

Y.C Travel & Tours Sdn Bhd

1st Defendant

Choong Hin Seong

2nd Defendant

Chu Sau Ben

3rd Defendant

Anuar bin Ahmad

4th Defendant

Procedural Posture

Civil Commercial Banking Debt Recovery / Summary Judgment Application (judgment Entered)

Legal Issues

  1. 1 Whether the 2nd and 4th Defendants established a bona fide defence or triable issue to resist summary judgment
  2. 2 Whether the Bank's Certificate of Indebtedness is conclusive evidence of the indebtedness in absence of manifest error
  3. 3 Whether the 2nd and 4th Defendants are personally liable under the personal guarantee despite assertions of acting only as directors

Ratio Decidendi

The 2nd and 4th Defendants failed to establish any bona fide defence or triable issue because they admitted the existence of the guarantee and produced only bare allegations without particulars or evidence; the Bank's Certificate of Indebtedness was contractually conclusive absent manifest error; therefore summary judgment was entered against them for the indebtedness claimed with interest and costs.

Court Disposition

Summary judgment allowed against the 2nd and 4th Defendants; no bona fide defence found.

Orders

  • Summary judgment entered against the 2nd and 4th Defendants for RM9,744,727.49
  • Default interest at 10.2% per annum from 1 June 2019 until full payment