Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Charge and foreclosure

Legal area

Court

18 Sept 2024

CIMB BANK BERHAD 1. ) CHAN KIM GOH 2. ) CHAN KUM CHONG

Citation

WA-22NCC-163-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-163-03/2024 (Mahkamah Tinggi)

The Court allowed summary judgment because the Plaintiff established on documentary evidence that the Defendants were liable as guarantors on demand, the claim was within the limitation period (demand 5.12.2019), contractual clauses permitted concurrent remedies and variation without guarantor consent, the Certificate of Indebtedness was conclusive and unrebutted, and the Defendants failed to raise any triable issue or satisfactory explanation to resist summary judgment.
31 Jul 2024

AMBANK (M) BERHAD 1. ) CSTME RESOURCES SDN BHD 2. ) IMPIANA ALAMJAYA SDN BHD 3. ) ALBERT TAN YEAN HEONG 4. ) WAN AHMAD KAMAL BIN MOHD RASDI

Citation

WA-22NCC-265-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-265-05/2023 (Mahkamah Tinggi)

The Court allowed the plaintiff's Order 14 summary judgment application because the plaintiff met the procedural prerequisites and produced a contractually conclusive Certificate of Indebtedness; the defendants failed to raise bona fide triable issues or to show manifest error by affidavit, their substantive challenges were either abandoned or raised too late in submissions, and admissions and the foreclosure order confirmed default; therefore summary judgment was justified and costs were awarded to the plaintiff.