SABAH DEVELOPMENT BANK BERHAD (No. Syarikat: 34638-W) 1. CHAN KET PHING (NO. K/P: 591120-04-5770) 2. CHEN HAN WENG (NO. K/P: 800705-14-5193)

SABAH DEVELOPMENT BANK BERHAD (No. Syarikat: 34638-W) 1. CHAN KET PHING (NO. K/P: 591120-04-5770) 2. CHEN HAN WENG (NO. K/P: 800705-14-5193)

Documentary evidence (loan agreements, signed guarantees, statements of account and a certificate of indebtedness) established the indebtedness and the guarantees' enforceability; the guarantees expressly made the certified statement conclusive; defendants offered only bare denials without particulars and failed to show any manifest error or factual basis for reliance on BAFIA ss61/62; therefore no bona fide triable issue existed and summary judgment was proper for the debt, interest and costs.

Citation
WA-22NCC-373-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Sabah Development Bank Berhad; 1st Defendant: Chan Ket Phing; 2nd Defendant: Chen Han Weng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 December 2019
Case Number
WA-22NCC-373-07/2019 (Mahkamah Tinggi)
Procedural Posture
Commercial Banking/debt Recovery / Summary Judgment Application at High Court (commercial Ncc)
Outcome
Summary judgment entered for the Plaintiff
Legal Topics
Guarantees, Summary Judgment, Debt Recovery, Banking Regulation (bafia), Certificates of Indebtedness, Realisation of Securities, Costs
Source Language
Malay/English
Banking Law Contract Law Commercial Law Civil Procedure Guarantees Summary Judgment Debt Recovery Banking Regulation (bafia) +3 more

Case Brief

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Parties

Sabah Development Bank Berhad

Plaintiff

Chan Ket Phing

1st Defendant

Chen Han Weng

2nd Defendant

Procedural Posture

Commercial Banking/debt Recovery / Summary Judgment Application at High Court (commercial Ncc)

Legal Issues

  1. 1 Whether there exist bona fide triable issues to defeat summary judgment
  2. 2 Whether the joint and several guarantees executed by the defendants are enforceable
  3. 3 Whether the Plaintiff's statement of account and certificate of indebtedness are conclusive and binding

Ratio Decidendi

Documentary evidence (loan agreements, signed guarantees, statements of account and a certificate of indebtedness) established the indebtedness and the guarantees' enforceability; the guarantees expressly made the certified statement conclusive; defendants offered only bare denials without particulars and failed to show any manifest error or factual basis for reliance on BAFIA ss61/62; therefore no bona fide triable issue existed and summary judgment was proper for the debt, interest and costs.

Court Disposition

Summary judgment entered for the Plaintiff

Orders

  • Summary judgment for RM51,360,888.22 as at 18 February 2019 in favour of the Plaintiff against the Defendants jointly and severally
  • Interest at the rate of 1.75% per annum on the Plaintiff's Prime Lending Rate calculated on a daily accrual basis from 19 February 2019 until full realisation