S.P. MULIA SDN BHD (Company No.: 200301020644/623064-D) 1. TIU CHOON PENG (NRIC NO.: 761022-01-7097) (t/a CP BACKHOE ENGINEERING Company No.: 200203116696/M0366169-M) 2. RASIDI BIN MOHD NOH (NRIC NO.: 721215-01-6203)

S.P. MULIA SDN BHD (Company No.: 200301020644/623064-D) 1. TIU CHOON PENG (NRIC NO.: 761022-01-7097) (t/a CP BACKHOE ENGINEERING Company No.: 200203116696/M0366169-M) 2. RASIDI BIN MOHD NOH (NRIC NO.: 721215-01-6203)

The post-dated cheques and accompanying letter constituted an unconditional undertaking to pay; the defendant's asserted defences were not supported by contemporaneous documents and are not among the limited legal defences to a dishonoured cheque; therefore the defendant failed to raise any triable issue and summary judgment was appropriate in favour of the plaintiff.

Citation
JA- 22NCVC-48-04/2021 (Mahkamah Tinggi)
Parties
Plaintiff: S.P. Mulia Sdn Bhd; First Defendant: Tiu Choon Peng (t/a CP Backhoe Engineering); Second Defendant: Rasidi bin Mohd Noh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 November 2021
Case Number
JA- 22NCVC-48-04/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Summary Judgment / Judgment on Order 14 Summary Judgment Application
Outcome
Summary judgment entered for the plaintiff
Legal Topics
Dishonoured Cheques, Post Dated Cheques, Bills of Exchange Act 1949, Summary Judgment, Defences: Duress, Illegality, Failure of Consideration, Fraud
Source Language
Malay/English
Contract Negotiable Instruments Civil Procedure Commercial Law Banking Law Dishonoured Cheques Post Dated Cheques Bills of Exchange Act 1949 +2 more

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Parties

S.P. Mulia Sdn Bhd

Plaintiff

Tiu Choon Peng (t/a CP Backhoe Engineering)

First Defendant

Rasidi bin Mohd Noh

Second Defendant

Procedural Posture

Civil Summary Judgment / Judgment on Order 14 Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant raised triable issues sufficient to defeat summary judgment on dishonoured cheques
  2. 2 Whether the post-dated cheques constituted an unconditional undertaking to pay
  3. 3 Whether alleged defences (undue influence/duress, breach of contract, cheques as security, agreed reduction) amount to recognised legal defences to cheque claims

Ratio Decidendi

The post-dated cheques and accompanying letter constituted an unconditional undertaking to pay; the defendant's asserted defences were not supported by contemporaneous documents and are not among the limited legal defences to a dishonoured cheque; therefore the defendant failed to raise any triable issue and summary judgment was appropriate in favour of the plaintiff.

Court Disposition

Summary judgment entered for the plaintiff

Orders

  • Judgment for plaintiff for RM1,870,170.45 as outstanding on the dishonoured cheques
  • Interest at 5% per annum from date of notice of demand dated 11.01.2021 until full settlement