KHOR BOON (pekongsi-pekongsi yang berniaga atas nama KHOR SEOK THOK & SONS) CIMB BANK BERHAD (dahulunya dikenali sebagai Bank Of Commerce (M) Berhad)

KHOR BOON (pekongsi-pekongsi yang berniaga atas nama KHOR SEOK THOK & SONS) CIMB BANK BERHAD (dahulunya dikenali sebagai Bank Of Commerce (M) Berhad)

The High Court affirmed the Sessions Court: the respondent proved a clear and undeniable claim supported by loan agreements, security and account records; the appellant failed to raise any bona fide, meritorious defence or triable issue (the overdraft was settled and disputed account statements were irrelevant); therefore Order 14 summary judgment was properly granted and must stand.

Citation
RA-12BNCC-1-02/2021 (Mahkamah Tinggi)
Parties
Appellant/defendant: Khor Boon (pekongsi-pekongsi trading as Khor Seok Thok & Sons); Respondent/plaintiff: CIMB Bank Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 April 2022
Case Number
RA-12BNCC-1-02/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Summary Judgment / High Court Appeal From Sessions Court Order 14 Summary Judgment
Outcome
Appeal dismissed; Sessions Court summary judgment affirmed
Legal Topics
Summary Judgment (order 14), Loan Default, Enforcement of Security, Account Statement Disputes
Source Language
Malay/English
Civil Procedure Banking Law Contract Law Security/charge Enforcement Summary Judgment (order 14) Loan Default Enforcement of Security Account Statement Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Khor Boon (pekongsi-pekongsi trading as Khor Seok Thok & Sons)

Appellant/defendant

CIMB Bank Berhad

Respondent/plaintiff

Procedural Posture

Civil Appeal From Summary Judgment / High Court Appeal From Sessions Court Order 14 Summary Judgment

Legal Issues

  1. 1 Whether the appellant raised any triable issue sufficient to defeat the respondent's Order 14 summary judgment application
  2. 2 Whether the Sessions Court erred in granting summary judgment under Order 14 of the Rules of Court 2012

Ratio Decidendi

The High Court affirmed the Sessions Court: the respondent proved a clear and undeniable claim supported by loan agreements, security and account records; the appellant failed to raise any bona fide, meritorious defence or triable issue (the overdraft was settled and disputed account statements were irrelevant); therefore Order 14 summary judgment was properly granted and must stand.

Court Disposition

Appeal dismissed; Sessions Court summary judgment affirmed

Orders

  • Appeal dismissed with costs of RM5,000.00 subject to alokatur
  • Sessions Court Order granting summary judgment for the respondent for RM445,998.00 (as at 28/6/2020) affirmed