SABAH DEVELOPMENT BANK BERHAD 1. JITU ENIGMA SDN BHD (sebelum ini dikenali sebagai BT DUTAMAS SDN BHD) 2. KHOO KAH HONG (No. K/P : 640819-07-5613) 3. LIM TEIK HIAN (No. K/P : 671027-07-5609)

SABAH DEVELOPMENT BANK BERHAD 1. JITU ENIGMA SDN BHD (sebelum ini dikenali sebagai BT DUTAMAS SDN BHD) 2. KHOO KAH HONG (No. K/P : 640819-07-5613) 3. LIM TEIK HIAN (No. K/P : 671027-07-5609)

Summary judgment was entered because the plaintiff satisfied Order 14 preliminary requirements; the recall of facilities was valid and not prerequisite on proving service of the 7.9.2018 letter; the certified statement of account complied with the contractual certification clause and was conclusive of indebtedness; alleged incompleteness of sample notice pages did not amount to non-disclosure or raise a bona fide triable issue; therefore no triable issue existed to defeat summary judgment.

Citation
BA-22NCC-167-11/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Sabah Development Bank Berhad; 1st Defendant: Jitu Enigma Sdn Bhd (formerly BT Dutamas Sdn Bhd); 2nd Defendant: Khoo Kah Hong; 3rd Defendant: Lim Teik Hian
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 February 2021
Case Number
BA-22NCC-167-11/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Banking/contract Claim (summary Judgment Application) / Decision on Summary Judgment Application (judgment Delivered)
Outcome
Application for summary judgment allowed; judgment entered for the Plaintiff against the 2nd and 3rd Defendants.
Legal Topics
Summary Judgment, Guarantor Liability, Certificate of Indebtedness, Recall of Loan Facilities, Default Interest, Pleading and Disclosure
Source Language
Malay/English
Banking Law Contract Law Civil Procedure Guarantee Law Summary Judgment Guarantor Liability Certificate of Indebtedness Recall of Loan Facilities +2 more

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Parties

Sabah Development Bank Berhad

Plaintiff

Jitu Enigma Sdn Bhd (formerly BT Dutamas Sdn Bhd)

1st Defendant

Khoo Kah Hong

2nd Defendant

Lim Teik Hian

3rd Defendant

Procedural Posture

Civil Banking/contract Claim (summary Judgment Application) / Decision on Summary Judgment Application (judgment Delivered)

Legal Issues

  1. 1 Whether the action against guarantors was premature because the facilities were not validly recalled
  2. 2 Whether the certified statement of account was conclusive evidence of the indebtedness
  3. 3 Whether incomplete pages in the loan agreements constituted failure of disclosure raising a triable issue

Ratio Decidendi

Summary judgment was entered because the plaintiff satisfied Order 14 preliminary requirements; the recall of facilities was valid and not prerequisite on proving service of the 7.9.2018 letter; the certified statement of account complied with the contractual certification clause and was conclusive of indebtedness; alleged incompleteness of sample notice pages did not amount to non-disclosure or raise a bona fide triable issue; therefore no triable issue existed to defeat summary judgment.

Court Disposition

Application for summary judgment allowed; judgment entered for the Plaintiff against the 2nd and 3rd Defendants.

Orders

  • Judgment for RM 5,273,933.94 under the TL1 Facility
  • Judgment for RM 5,209,923.66 under the TL2 Facility