WONG TZE JIUN ISMA BIN BAHAR

WONG TZE JIUN ISMA BIN BAHAR

The court found factual disputes on the nature of the transfers (loan vs company advance/payments) supported by bank entries labelled 'advance' and respondent's affidavits and communications, which raised a triable issue; therefore summary judgment under Order 14 was inappropriate and the appeal was dismissed with costs to respondent.

Citation
BL-12ANCC-8-08/2021 (Mahkamah Tinggi)
Parties
Appellant: WONG TZE JIUN; Respondent: ISMA BIN BAHAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 October 2021
Case Number
BL-12ANCC-8-08/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Session Court / Appeal Against Refusal of Summary Judgment Under Order 14 Rules of Court 2012
Outcome
appeal dismissed
Legal Topics
Summary Judgment, Order 14 Rhc/rules of Court 2012, Triable Issue, Burden of Proof, Costs
Source Language
Malay/English
Civil Procedure Contract Debt Recovery Summary Judgment Order 14 Rhc/rules of Court 2012 Triable Issue Burden of Proof Costs

Case Brief

Summary, issues, holding and outcome

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Parties

WONG TZE JIUN

Appellant

ISMA BIN BAHAR

Respondent

Procedural Posture

Civil Appeal From Session Court / Appeal Against Refusal of Summary Judgment Under Order 14 Rules of Court 2012

Legal Issues

  1. 1 Whether transfers from appellant to respondent between 24.8.2018 and 15.3.2019 constituted a personal loan or company advances/payments
  2. 2 Whether the appellant satisfied the threshold for summary judgment under Order 14 (plain and obvious/no triable issue)
  3. 3 Whether disputed factual issues require a full trial

Ratio Decidendi

The court found factual disputes on the nature of the transfers (loan vs company advance/payments) supported by bank entries labelled 'advance' and respondent's affidavits and communications, which raised a triable issue; therefore summary judgment under Order 14 was inappropriate and the appeal was dismissed with costs to respondent.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent in the sum of RM5,000