MOHD YASIN BIN SUDIN FANDORA RECOVERY SDN BHD

MOHD YASIN BIN SUDIN FANDORA RECOVERY SDN BHD

The High Court affirmed the Sessions Court: the plaintiff established a prima facie case of goods sold and delivered supported by contemporaneous documents (purchase order, delivery order with acknowledgement, tax invoice, statement of account); the defendant's assertion of a disguised loan was inherently improbable and inconsistent with those documents and therefore did not raise a bona fide triable issue to defeat summary judgment, so judgment was properly entered without a trial.

Citation
B-12ANCC-23-03/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant in Lower Court: Fandora Recovery Sdn Bhd (Company No. 773365-U); Respondent/plaintiff in Lower Court: Mohd Yasin bin Sudin (Berniaga sebagai Edaran Makmur Enterprise) (IC: 650916-71-5431)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2021
Case Number
B-12ANCC-23-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (summary Judgment) / High Court Appeal Disposing of Summary Judgment Application
Outcome
Appeal dismissed; decision of Sessions Court allowing summary judgment affirmed
Legal Topics
Summary Judgment, Goods Sold and Delivered, Disguised Moneylending, Triable Issue, Enforceability
Source Language
Malay/English
Contract Civil Procedure Commercial Law Moneylenders Law Companies Law Summary Judgment Goods Sold and Delivered Disguised Moneylending +2 more

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Parties

Fandora Recovery Sdn Bhd (Company No. 773365-U)

Appellant/defendant in Lower Court

Mohd Yasin bin Sudin (Berniaga sebagai Edaran Makmur Enterprise) (IC: 650916-71-5431)

Respondent/plaintiff in Lower Court

Procedural Posture

Civil Appeal From Sessions Court (summary Judgment) / High Court Appeal Disposing of Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff's claim arises from a genuine sale of goods or a disguised moneylending transaction
  2. 2 Whether the defendant raised a bona fide triable issue to defeat summary judgment
  3. 3 Whether the alleged loan arrangement rendered the agreement unenforceable under the Moneylenders Act 1951 and Contracts Act 1950

Ratio Decidendi

The High Court affirmed the Sessions Court: the plaintiff established a prima facie case of goods sold and delivered supported by contemporaneous documents (purchase order, delivery order with acknowledgement, tax invoice, statement of account); the defendant's assertion of a disguised loan was inherently improbable and inconsistent with those documents and therefore did not raise a bona fide triable issue to defeat summary judgment, so judgment was properly entered without a trial.

Court Disposition

Appeal dismissed; decision of Sessions Court allowing summary judgment affirmed

Orders

  • Appeal dismissed
  • Decision of Sessions Court allowing summary judgment in favour of the Respondent affirmed