Malaysia Case Law: Decisions & Judgments

Topic

Conclusive evidence clause

Legal area

Court

25 Feb 2026

RHB BANK BERHAD 1. ) C & L MINERALS SDN BHD 2. ) CHOO KHEN LON 3. ) TENG AI LENG

Citation

WA-22NCC-652-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-652-09/2025 (Mahkamah Tinggi)

Plaintiff established compliance with Order 14 and produced a valid COI under an express conclusive evidence clause; defendants failed to adduce evidence of manifest error or any bona fide triable issue; therefore summary judgment was appropriate and granted against the defendants, including the guarantors.
14 Nov 2025

PAC LEASE BERHAD 1. ) INSPIRA JAYA SDN. BHD. (DAHULUNYA DIKENALI SEBAGAI TUJUAN BENA SDN. BHD.) 2. ) GREGORY AMOS YOON PENG SUM 3. ) WAN NASIR BIN WAN MUSTAFHA 4. ) YONG PENG YUEN 5. ) IHAA CAPITAL SDN. BHD. 6. ) PARAGRENE LAND BERHAD

Citation

WA-22NCC-440-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-440-07/2025 (Mahkamah Tinggi)

Plaintiff proved a prima facie indebtedness by contemporaneous business records and proof of service; defendants failed to produce any credible documentary or forensic evidence to substantiate payments, rebut service, or prove forgery; therefore no bona fide triable issue existed and summary judgment under Order 14 was properly entered for the plaintiff.
27 Feb 2025

BANK OF CHINA (MALAYSIA) BERHAD LEE KIM TIONG @ LEE KIM YEW

Citation

BA-24FC-445-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-445-06/2023 (Mahkamah Tinggi)

Because the parties advanced conflicting but plausible positions on the existence of a substantial pledged fixed deposit said to extinguish the debt and the Plaintiff had no record of that fixed deposit, the court found a real question as to the existence of the debt on which the foreclosure was based and dismissed the Originating Summons with liberty to refile so the issue may be resolved appropriately.
10 Feb 2025

HONG LEONG BANK BERHAD 1. ) HARBAN SINGH A/L MULA SINGH 2. ) DATIN JAMILAH BIBI BTE A. ABDUL MAJEED

Citation

BA-22NCC-35-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-35-02/2024 (Mahkamah Tinggi)

Defendants' unqualified admission of indebtedness, coupled with the Facility Agreement's conclusive evidence clause and the Certificate of Indebtedness, established the debt. The alleged triable issues were either legally insufficient or unsubstantiated: pending foreclosure did not reduce indebtedness; the three charges were not shown to be manifest errors and were estopped by failure to dispute earlier; no prior challenge to interest variations meant estoppel applied; and the late amendment to the Statement of Claim was a technical irregularity causing no prejudice. Therefore no bona fide tr…
15 Nov 2024

NEGERI SEMBILAN CEMENT INDUSTRIES SDN BHD 1. ) TRU-MIX CONCRETE SDN BHD 2. ) HO HUP CONSTRUCTION COMPANY BERHAD

Citation

BA-22NCvC-239-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-239-06/2024 (Mahkamah Tinggi)

The court found the Plaintiff proved the debt on the basis of the Contract's conclusive evidence clause, unchallenged Statements of Account, admissions in e-mail communications and estoppel by account stated; the Defendants failed to particularise bona fide triable issues under oath; accordingly there were no triable issues and summary judgment was entered for the Plaintiff against both Defendants, who are jointly and severally liable under the Guarantee.
9 Sept 2024

RHB ISLAMIC BANK BERHAD ALAM MARITIM (L) INC

Citation

WA-22M-1792-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-1792-12/2023 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 prerequisites and established a prima facie case; defendant failed to proffer credible, particularised triable issues (CDRC application immaterial after expungement; no SAC sanction required; Shariah non-compliance alone does not void or prevent enforcement due to IFSA s281; certificate of indebtedness is conclusive absent manifest error); accordingly summary judgment for plaintiff was properly granted with costs.
8 Aug 2024

RHB Bank Berhad 1. ) Siang Selatan Sdn. Bhd. 2. ) Chong Chang 3. ) Low Ah Moi 4. ) Chong Yean Lee

Citation

JA-22NCC-83-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-83-12/2023 (Mahkamah Tinggi)

The court found all Order 14 preliminary requirements satisfied and accepted the plaintiff's certified statement of indebtedness supported by conclusive evidence clauses as binding; defendants offered only bare denials without particulars or calculations and failed to raise a triable issue; the guarantees signed by the second, third and fourth defendants are contracts of guarantee (not indemnity) on their wording and intention; accordingly summary judgment was granted for the plaintiff with costs.
19 Jul 2024

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) SUNMUSIC ENTERPRISE SDN BHD 2. ) LIM FOOI HUANG 3. ) CHEAH THIAM CHUAN

Citation

AA-22M-63-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-22M-63-12/2023 (Mahkamah Tinggi)

Defendants did not raise a meritorious or triable defence supported by evidence; the plaintiff's statement of account and certificate of indebtedness, supported by contractual conclusive evidence clauses and valid service of notice by post, established the debt; accordingly summary judgment is appropriate and granted for the sum claimed with costs to the plaintiff.
28 Jun 2024

EXPORT-IMPORT BANK OF MALAYSIA BERHAD 1. ) IMPIANA UBUD (LABUAN) CO LTD 2. ) IMPIANA SDN BHD

Citation

WA-22NCC-57-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-57-01/2022 (Mahkamah Tinggi)

The certificate of indebtedness (or a statement functioning as one) issued by the bank is final and conclusive in proving the quantum of indebtedness in the absence of fraud or manifest error on its face; this shifts the evidential burden to the defendants to disprove the amount, and the trial judge erred in declining to apply that principle.
25 Apr 2024

CIMB BANK BERHAD KOAY LIANG KHENG

Citation

PA-22NCvC-18-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-18-02/2021 (Mahkamah Tinggi)

Defendant's blanket denials were unparticularised and unsupported; documentary evidence showed the defendant signed the Loan Documents at the recorded address and received the loan and made repayments; the conclusive evidence clause and certificate of indebtedness establish the outstanding amount absent evidence to the contrary; defendant failed to raise a bona fide triable issue or reasonably arguable defence, therefore summary judgment was proper against defendant for the certified outstanding sum and costs.