PAC LEASE BERHAD TMT INDUSTRY SDN BHD & 4 Ors

PAC LEASE BERHAD TMT INDUSTRY SDN BHD & 4 Ors

The Appellants failed to raise any credible triable issues: the loan disbursement and default were undisputed, the security documents were executed by the Appellants and govern interest (6% normal, 8% on default), and affidavit assertions of non‑access or exorbitance were afterthoughts or conclusory and thus insufficient to defeat summary judgment.

Citation
WA-12ANCC-107-08/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: TMT INDUSTRY SDN BHD; Appellant/defendant: MD HANIF BIN OTHMAN; Appellant/defendant: CHAN, HSUN-WEI; Appellant/defendant: MOU, YU-HUI; Appellant/defendant: MO, SHU-HSIEN; Respondent/plaintiff: PAC LEASE BERHAD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 November 2021
Case Number
WA-12ANCC-107-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Summary Judgment From Sessions Court
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Guarantee, Default Interest, Triable Issues, Access to Documents
Source Language
Malay/English
Contract Law Loan and Finance Civil Procedure Moneylending Law Summary Judgment Guarantee Default Interest Triable Issues +1 more

Case Brief

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Parties

TMT INDUSTRY SDN BHD

Appellant/defendant

MD HANIF BIN OTHMAN

Appellant/defendant

CHAN, HSUN-WEI

Appellant/defendant

MOU, YU-HUI

Appellant/defendant

MO, SHU-HSIEN

Appellant/defendant

PAC LEASE BERHAD

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal Against Summary Judgment From Sessions Court

Legal Issues

  1. 1 Whether the Appellants had access to and were bound by the security documents or whether lack of access raises a triable issue
  2. 2 Whether the amount and interest claimed by the Respondent is exorbitant or unsupported and thus a triable issue

Ratio Decidendi

The Appellants failed to raise any credible triable issues: the loan disbursement and default were undisputed, the security documents were executed by the Appellants and govern interest (6% normal, 8% on default), and affidavit assertions of non‑access or exorbitance were afterthoughts or conclusory and thus insufficient to defeat summary judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellants to pay Respondent costs of RM3,000.00 subject to 4% allocator