SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (Dahulunya dikenali BANK PERUSAHAAN KECIL & SEDERHANA MALAYSIA BERHAD) 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD (Dahulunya dikenali BANK PERUSAHAAN KECIL & SEDERHANA MALAYSIA BERHAD) 1. ) SD WORK SDN BHD 2. ) MD NAZIRUDDIN BIN MOHAMAD

Plaintiff satisfied the Order 14 prerequisites and proved indebtedness by producing a certificate/statement of indebtedness which is conclusive absent manifest error; defendants failed to demonstrate any manifest error or particularised meritorious defence or triable issue (their defences were bare denials and legal assertions concerning Shariah compliance and authority were unsupported); accordingly summary judgment under Order 14 was granted for the plaintiff and costs awarded to plaintiff.

Citation
TA-A52M-166-11/2023 (Mahkamah Sesyen)
Parties
Plaintiff: SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD; Defendant: SD WORK SDN BHD; Defendant: MD NAZIRUDDIN BIN MOHAMAD DAHLAN
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 January 2026
Case Number
TA-A52M-166-11/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Debt Recovery – Summary Judgment (order 14) / Post‑judgment/appeal Against Interlocutory Decision (order 14 Application)
Outcome
Summary judgment granted in favour of Plaintiff against Defendants under Order 14 Rules of Court 2012
Legal Topics
Summary Judgment, Certificate of Indebtedness, Murabahah Financing, Shariah Compliance, Service of Notices, Manifest Error, Res Judicata, Notice and Termination
Source Language
Malay/English
Civil Procedure Banking and Finance Islamic Finance Contract Law Guarantee and Suretyship Summary Judgment Certificate of Indebtedness Murabahah Financing +5 more

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Parties

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Plaintiff

SD WORK SDN BHD

Defendant

MD NAZIRUDDIN BIN MOHAMAD DAHLAN

Defendant

Procedural Posture

Civil Debt Recovery – Summary Judgment (order 14) / Post‑judgment/appeal Against Interlocutory Decision (order 14 Application)

Legal Issues

  1. 1 Whether plaintiff satisfied prerequisites for summary judgment under Order 14
  2. 2 Whether the certificate/statement of indebtedness is conclusive absent manifest error
  3. 3 Whether defendants raised triable issues or meritorious defences

Ratio Decidendi

Plaintiff satisfied the Order 14 prerequisites and proved indebtedness by producing a certificate/statement of indebtedness which is conclusive absent manifest error; defendants failed to demonstrate any manifest error or particularised meritorious defence or triable issue (their defences were bare denials and legal assertions concerning Shariah compliance and authority were unsupported); accordingly summary judgment under Order 14 was granted for the plaintiff and costs awarded to plaintiff.

Court Disposition

Summary judgment granted in favour of Plaintiff against Defendants under Order 14 Rules of Court 2012

Orders

  • Summary judgment allowed for the Plaintiff against the Defendants under Order 14 of the Rules of Court 2012
  • Judgment for RM221,753.07 (sum claimed by Plaintiff as at 20.10.2023) as evidenced by the Certificate of Indebtedness