USMAN BIN MUSTAFFA SKF SOLUTION SDN BHD

USMAN BIN MUSTAFFA SKF SOLUTION SDN BHD

The appeals were dismissed because the plaintiff established a prima facie case by contemporaneous documentary evidence (Agreement, payment voucher, cheque, statutory statement of account), the defendant's explanations were bare denials unsupported by documents and therefore not bona fide triable issues, and the counterclaim was on its face obviously unsustainable.

Citation
WA-12ANCC-88-06/2021 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Usman Ali bin Mustaffa; Respondent / Plaintiff: SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 October 2021
Case Number
WA-12ANCC-88-06/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (high Court) / Judgment on Consolidated Appeals (summary Judgment and Striking Out)
Outcome
Appeals dismissed; Sessions Court decisions allowing summary judgment and striking out of counterclaim upheld; costs awarded to respondent; judgment sum varied.
Legal Topics
Summary Judgment, Strike Out (order 18 R19), Moneylending Agreement Compliance, Statement of Account Under Moneylenders Act, Counterclaim for Overpayment, Evidence and Burden of Proof
Source Language
Malay/English
Moneylenders Law Contract Civil Procedure Commercial Law Summary Judgment Strike Out (order 18 R19) Moneylending Agreement Compliance Statement of Account Under Moneylenders Act +2 more

Case Brief

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Parties

Usman Ali bin Mustaffa

Appellant / Defendant

SKF Solution Sdn Bhd (formerly Arcadia Gold Sdn Bhd)

Respondent / Plaintiff

Procedural Posture

Civil Appeal (high Court) / Judgment on Consolidated Appeals (summary Judgment and Striking Out)

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for summary judgment under Order 14 R1 ROC 2012
  2. 2 Whether the defendant raised any triable issue to defeat summary judgment
  3. 3 Whether the defendant received the full loan amount as alleged by the plaintiff

Ratio Decidendi

The appeals were dismissed because the plaintiff established a prima facie case by contemporaneous documentary evidence (Agreement, payment voucher, cheque, statutory statement of account), the defendant's explanations were bare denials unsupported by documents and therefore not bona fide triable issues, and the counterclaim was on its face obviously unsustainable.

Court Disposition

Appeals dismissed; Sessions Court decisions allowing summary judgment and striking out of counterclaim upheld; costs awarded to respondent; judgment sum varied.

Orders

  • Appeals dismissed with costs in favour of the respondent
  • Summary judgment entered for the plaintiff upheld