Tseng I Fang Kwang Shen Steel Industries Sdn Bhd

Tseng I Fang Kwang Shen Steel Industries Sdn Bhd

Plaintiff established a prima facie case by documentary and bank evidence showing the loan advances and issuance of post-dated cheques; defendant's denials were bare and unsubstantiated and did not disclose any arguable or triable issue; the claim was not statute-barred as cause of action arose on the failed deposit...

Source-derived case information.

Citation
WA-22NCC-222-05/2021 (Mahkamah Tinggi)
Parties
Plaintiff: Tseng I Fang (Passport: 350393127); Defendant: Kwang Shen Steel Industries Sdn Bhd (Company No: 199701038886 (454386-V))
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2021
Case Number
WA-22NCC-222-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Debt (loan) / Summary Judgment Application Under Order 14 (kaedah 14 KKM 2012)
Outcome
Summary judgment granted for the plaintiff
Legal Topics
Loan, Summary Judgment, Post Dated Cheques, Oral Agreements, Statute of Limitations
Contract Civil Procedure Limitation Law Commercial Law Loan Summary Judgment Post Dated Cheques Oral Agreements +1 more

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Parties

Tseng I Fang (Passport: 350393127)

Plaintiff

Kwang Shen Steel Industries Sdn Bhd (Company No: 199701038886 (454386-V))

Defendant

Procedural Posture

Civil Debt (loan) / Summary Judgment Application Under Order 14 (kaedah 14 KKM 2012)

  1. 1 Whether the defendant received the friendly loan totalling RM2,330,000
  2. 2 Whether the defendant issued the two post-dated cheques dated 15 November 2019 as repayment
  3. 3 Whether absence of a written agreement defeats the plaintiff's claim

Ratio Decidendi

Plaintiff established a prima facie case by documentary and bank evidence showing the loan advances and issuance of post-dated cheques; defendant's denials were bare and unsubstantiated and did not disclose any arguable or triable issue; the claim was not statute-barred as cause of action arose on the failed deposit of the cheques on 15 November 2019; therefore summary judgment under Order 14 was appropriate.

Court Disposition

Summary judgment granted for the plaintiff

Orders

  • Judgment entered for the plaintiff in the sum of RM2,330,000
  • Interest at 5% per annum on RM2,330,000 from date of filing of the writ until date of judgment