SENA TRAFFIC SYSTEMS SDN. BHD. 1. ) AR-RIFQI SDN. BHD. 2. ) ZAIMIL AZHAR BIN ZAINAL 3. ) ITMAX SYSTEMS SDN BHD 4. ) Tan Sri Tan Boon Hock 5. ) Sharifah Maizura Binti Syed Mohamad Rithuan 6. ) RONY ZHANG 7. ) ZHANG ZIYANG 8. ) SENA TRAFFIC S

Parties

Procedural Posture

Civil: Commercial Debt and Related Counterclaim / Interlocutory Applications for Summary Judgment (order 14) and Striking Out Counterclaim (order 18 R.19)

Legal Issues

1. 1 Whether defendants AR-Rifqi and Zaimil raise bona fide triable issues to resist summary judgment
2. 2 Whether the Counterclaim discloses a reasonable cause of action in conspiracy against ITMAX and Tan Sri
3. 3 Whether the Counterclaim is frivolous, vexatious or an abuse of process and should be struck out

Ratio Decidendi

Documentary evidence (purchase orders, delivery orders, invoices) established an undisputed commercial debt of RM6.3 million; absence of contemporaneous protest or supporting documents rendered AR-Rifqi’s allegations of coercion and an additional agreement untenable and insufficient to raise a bona fide triable issue; Dato' Zaimil was bound by the unconditional Letter of Guarantee he signed; the Counterclaim failed to plead essential elements and particulars of conspiracy and was frivolous, speculative and an abuse of process, justifying summary judgment for the plaintiff and striking out the Counterclaim against ITMAX and Tan Sri.

Court Disposition

Summary judgment entered against AR-Rifqi Sdn Bhd and Dato' Zaimil; Counterclaim struck out against ITMAX System Solutions Sdn Bhd and Tan Sri Tan Boon Hock; Counterclaim dismissed in its entirety.

Orders

• Enclosure 14 allowed: Summary Judgment entered against AR-Rifqi Sdn Bhd for RM6,300,000 with interest and costs of RM1000
• Enclosure 16 allowed: Summary Judgment entered against Dato' Zaimil Azhar bin Zainal as guarantor for RM6,300,000 with interest and costs of RM1000