WA-22M-290-08/2020 (Mahkamah Tinggi)

WA-22M-290-08/2020 (Mahkamah Tinggi)

Court held plaintiff proved disbursement of the CMTF-i facility by contemporaneous documents and statements of account and thus summary judgment was appropriate for the amended principal sum of RM88,052,811.62; defendants failed to raise bona fide triable issues on the CMTF-i indebtedness or guarantees; however the 2nd and 9th defendants raised triable issues about non-disbursement and imposition of new conditions precedent for their separate CMRF-i and Ijarah facilities so their counterclaims were not struck out; rejoinder leave unnecessary and dismissed.

Citation
WA-22M-290-08/2020 (Mahkamah Tinggi)
Parties
Plaintiff: SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD; Defendant: ARCA INDUSTRIES SDN. BHD.; Defendant: AIMAN MOTOR PERFORMANCE SDN. BHD.; Defendant: GRAHAWOODS (M) SDN. BHD.; Defendant: ARCA CORPORATION SDN. BHD.; Defendant: AIMAN MOTOR SDN. BHD.; Defendant: ARCA TRANSLINE SDN. BHD.; Defendant: ARCA SECURITY FORCE SDN. BHD.; Defendant: AIMAN MOTOR BODY & PAINT SHOP SDN. BHD.; Defendant: SUPER COACHLINER SDN. BHD.; Defendant: STONEWAY CORPORATION SDN. BHD.; Defendant: TADIKA PINTAR CERIA SDN. BHD.; Defendant: CHE AZIZUDDIN BIN CHE ISMAIL; Defendant: RAMLAH BINTI ABD AZIZ; Defendant: AMIRAH BINTI CHE AZIZUDDIN; Defendant: AQILAH BINTI CHE AZIZUDDIN; Defendant: ATIKAH BINTI CHE AZIZUDDIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 May 2021
Case Number
WA-22M-290-08/2020 (Mahkamah Tinggi)
Procedural Posture
Commercial Banking/finance Claim (debt Recovery and Guarantees) / High Court Judgment on Summary Judgment, Striking Out and Leave to File Rejoinder Applications
Outcome
Summary judgment allowed for plaintiff in respect of CMTF-i indebtedness; counterclaim struck out as to all defendants except 2nd and 9th defendants; application for leave to file rejoinder dismissed.
Legal Topics
Summary Judgment, Striking Out Pleadings, Counterclaim, Disbursement of Funds, Conditions Precedent, Guarantee Liability, Set Off, Leave to File Rejoinder
Source Language
Malay/English
Contract Banking and Finance Civil Procedure Guarantee and Suretyship Islamic Finance Summary Judgment Striking Out Pleadings Counterclaim +5 more

Case Brief

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Parties

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Plaintiff

ARCA INDUSTRIES SDN. BHD.

Defendant

AIMAN MOTOR PERFORMANCE SDN. BHD.

Defendant

GRAHAWOODS (M) SDN. BHD.

Defendant

ARCA CORPORATION SDN. BHD.

Defendant

AIMAN MOTOR SDN. BHD.

Defendant

ARCA TRANSLINE SDN. BHD.

Defendant

ARCA SECURITY FORCE SDN. BHD.

Defendant

AIMAN MOTOR BODY & PAINT SHOP SDN. BHD.

Defendant

SUPER COACHLINER SDN. BHD.

Defendant

STONEWAY CORPORATION SDN. BHD.

Defendant

TADIKA PINTAR CERIA SDN. BHD.

Defendant

CHE AZIZUDDIN BIN CHE ISMAIL

Defendant

RAMLAH BINTI ABD AZIZ

Defendant

AMIRAH BINTI CHE AZIZUDDIN

Defendant

AQILAH BINTI CHE AZIZUDDIN

Defendant

ATIKAH BINTI CHE AZIZUDDIN

Defendant

Procedural Posture

Commercial Banking/finance Claim (debt Recovery and Guarantees) / High Court Judgment on Summary Judgment, Striking Out and Leave to File Rejoinder Applications

Legal Issues

  1. 1 Whether the plaintiff disbursed the CMTF-i facility and proved indebtedness such that summary judgment is appropriate
  2. 2 Whether alleged representations, mala fides and wrongful termination by the plaintiff raise bona fide triable issues
  3. 3 Whether the defendants’ counterclaim discloses reasonable cause of action or is frivolous/vexatious and should be struck out

Ratio Decidendi

Court held plaintiff proved disbursement of the CMTF-i facility by contemporaneous documents and statements of account and thus summary judgment was appropriate for the amended principal sum of RM88,052,811.62; defendants failed to raise bona fide triable issues on the CMTF-i indebtedness or guarantees; however the 2nd and 9th defendants raised triable issues about non-disbursement and imposition of new conditions precedent for their separate CMRF-i and Ijarah facilities so their counterclaims were not struck out; rejoinder leave unnecessary and dismissed.

Court Disposition

Summary judgment allowed for plaintiff in respect of CMTF-i indebtedness; counterclaim struck out as to all defendants except 2nd and 9th defendants; application for leave to file rejoinder dismissed.

Orders

  • Summary judgment allowed for the Plaintiff for amended sum of RM88,052,811.62; late payment charges and further interest as per judgment to be calculated in accordance with pleadings
  • Plaintiff's application to strike out the Defendants' Counterclaim (encl.15) allowed and Counterclaim struck out as to the 1st, 3rd, 4th, 5th, 6th, 7th, 8th, 10th and 11th to 16th Defendants; Counterclaim not struck out as to 2nd and 9th Defendants