JACKY AND JACKY CONSTRUCTION YAP KEN NAN

JACKY AND JACKY CONSTRUCTION YAP KEN NAN

Plaintiff satisfied the procedural and substantive prerequisites for summary judgment on a dishonoured cheque supported by a letter of guarantee and corroborating WhatsApp evidence; Defendant's explanations were unsubstantiated, amounted to afterthoughts and did not raise a triable issue, therefore summary judgment and the requested discovery were properly granted with costs.

Citation
AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)
Parties
Appellant / Defendant: Yap Ken Nan; Respondent / Plaintiff: Karuna Murthi a/l Rajangam trading as Jacky and Jacky Construction
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
3 May 2023
Case Number
AA-A52NCvC-66-07/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Cheque Dishonour / Commercial Recovery / Appeal From Sessions Court; Applications for Discovery and Summary Judgment Adjudicated
Outcome
Both applications (Enclosure 7: discovery; Enclosure 9: summary judgment) allowed
Legal Topics
Summary Judgment, Discovery of Bank Records, Dishonoured Cheque, Directors' Guarantee, Costs
Source Language
Malay/English
Civil Commercial Banking Law Civil Procedure Summary Judgment Discovery of Bank Records Dishonoured Cheque Directors' Guarantee +1 more

Case Brief

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Parties

Yap Ken Nan

Appellant / Defendant

Karuna Murthi a/l Rajangam trading as Jacky and Jacky Construction

Respondent / Plaintiff

Procedural Posture

Civil Cheque Dishonour / Commercial Recovery / Appeal From Sessions Court; Applications for Discovery and Summary Judgment Adjudicated

Legal Issues

  1. 1 Whether discovery of Defendant's bank account statement should be ordered
  2. 2 Whether summary judgment is appropriate on a dishonoured cheque supported by a letter of guarantee and contemporaneous communications
  3. 3 Whether the Defendant raised a triable issue to defeat summary judgment

Ratio Decidendi

Plaintiff satisfied the procedural and substantive prerequisites for summary judgment on a dishonoured cheque supported by a letter of guarantee and corroborating WhatsApp evidence; Defendant's explanations were unsubstantiated, amounted to afterthoughts and did not raise a triable issue, therefore summary judgment and the requested discovery were properly granted with costs.

Court Disposition

Both applications (Enclosure 7: discovery; Enclosure 9: summary judgment) allowed

Orders

  • Discovery ordered: production of Defendant's Maybank Islamic account statement no. 558024301787 for January 2022 to November 2022; costs RM2,000
  • Summary judgment entered for Plaintiff against Defendant for RM700,000 on the dishonoured cheque; costs RM2,000