TAN SEW CHENG WORLDWIDE PLATINUM RECORDS SDN BHD

TAN SEW CHENG WORLDWIDE PLATINUM RECORDS SDN BHD

The Court allowed the appeal against summary judgment because the appellant raised serious triable issues—scope of the undertaking, whether she had performed by remitting funds, and possible illegality/ex turpi causa—which made summary judgment inappropriate and required full trial.

Citation
P-02(IM)(NCVC)-1404-07/2018 (Mahkamah Rayuan)
Parties
Appellant: Tan Sew Cheng; Respondent: Worldwide Platinum Records Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
6 September 2019
Case Number
P-02(IM)(NCVC)-1404-07/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Hearing on Appeals Against High Court's Summary Judgment and Strike Out Decisions; Judgment Delivered
Outcome
Appeal allowed in part: appeal against summary judgment allowed and High Court decision in respect of enclosure 20 set aside; appeal against dismissal of striking out application dismissed; earlier interlocutory appeal withdrawn and struck out with no order as to costs.
Legal Topics
Summary Judgment, Strike Out Application, Illegality (ex Turpi Causa), Letter of Undertaking/indemnity, Money Laundering, Exchange Control, Agency/representation, Damages
Source Language
Malay/English
Contract Civil Procedure Banking and Finance Company Law Criminal Law Regulatory Compliance Summary Judgment Strike Out Application +6 more

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Parties

Tan Sew Cheng

Appellant

Worldwide Platinum Records Sdn Bhd

Respondent

Procedural Posture

Civil Appeal (court of Appeal) / Hearing on Appeals Against High Court's Summary Judgment and Strike Out Decisions; Judgment Delivered

Legal Issues

  1. 1 Whether summary judgment was properly entered against the appellant
  2. 2 Whether the appellant performed obligations under the letter of undertaking by remitting the funds
  3. 3 Whether the letter of undertaking must be construed together with the underlying loan agreement with Noble Mettle

Ratio Decidendi

The Court allowed the appeal against summary judgment because the appellant raised serious triable issues—scope of the undertaking, whether she had performed by remitting funds, and possible illegality/ex turpi causa—which made summary judgment inappropriate and required full trial.

Court Disposition

Appeal allowed in part: appeal against summary judgment allowed and High Court decision in respect of enclosure 20 set aside; appeal against dismissal of striking out application dismissed; earlier interlocutory appeal withdrawn and struck out with no order as to costs.

Orders

  • Set aside the High Court decision granting summary judgment (enclosure 20).
  • Dismiss the appeal against the dismissal of the striking out application (Appeal No. P-02(IM)(NCVC)-1404-07/2018).