RHB ISLAMIC BANK BERHAD 1. ) SUN STAR COMMUNICATION SDN BHD 2. ) CHEAH PENG WENG 3. ) YEOH PEK SEE 4. ) CCY ASSETS HOLDING SDN BHD

RHB ISLAMIC BANK BERHAD 1. ) SUN STAR COMMUNICATION SDN BHD 2. ) CHEAH PENG WENG 3. ) YEOH PEK SEE 4. ) CCY ASSETS HOLDING SDN BHD

Plaintiff met the Order 14 preliminary requirements and established a prima facie case; defendants failed to demonstrate any bona fide triable issue. Notices were validly served under express contractual clauses by prepaid registered post with proof of postage; the Certificate of Indebtedness exhibited is conclusive...

Source-derived case information.

Citation
WA-22M-653-08/2019 (Mahkamah Tinggi)
Parties
Plaintiff: RHB ISLAMIC BANK BERHAD; Defendant: SUN STAR COMMUNICATION SDN. BHD.; Defendant: CHEAH PENG WENG; Defendant: YEOH PEK SEE; Defendant: CCY ASSETS HOLDING SDN. BHD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 December 2019
Case Number
WA-22M-653-08/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Banking/finance Suit (summary Judgment) / Summary Judgment Application and Judgment
Outcome
Summary judgment entered for the plaintiff against the first, second, third and fourth defendants
Legal Topics
Summary Judgment Under Order 14 RC 2012, Service of Notices, Certificate of Indebtedness as Conclusive Evidence, Calculation of Indebtedness, Liability Under Guarantees
Banking Law Islamic Finance Contract Law Civil Procedure Guarantee Law Summary Judgment Under Order 14 RC 2012 Service of Notices Certificate of Indebtedness as Conclusive Evidence +2 more

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Parties

RHB ISLAMIC BANK BERHAD

Plaintiff

SUN STAR COMMUNICATION SDN. BHD.

Defendant

CHEAH PENG WENG

Defendant

YEOH PEK SEE

Defendant

CCY ASSETS HOLDING SDN. BHD.

Defendant

Procedural Posture

Commercial Banking/finance Suit (summary Judgment) / Summary Judgment Application and Judgment

Legal Issues

  1. 1 Whether notices (Notice of Demand and Notice of Recall and Termination) were served by modes of service provided by law
  2. 2 Whether the Certificate of Indebtedness issued by the plaintiff was valid and conclusive
  3. 3 Whether the Certificate of Indebtedness was required to be served on the defendants prior to proceedings

Ratio Decidendi

Plaintiff met the Order 14 preliminary requirements and established a prima facie case; defendants failed to demonstrate any bona fide triable issue. Notices were validly served under express contractual clauses by prepaid registered post with proof of postage; the Certificate of Indebtedness exhibited is conclusive in the absence of manifest error and did not require prior service; therefore summary judgment was appropriate for the plaintiff against all four defendants, with costs.

Court Disposition

Summary judgment entered for the plaintiff against the first, second, third and fourth defendants

Orders

  • Summary judgment entered for the plaintiff against the 1st to 4th defendants
  • Costs awarded to plaintiff RM5000.00