Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Directors' resolution

Legal area

Court

15 May 2023

HARTA PACKAGING INDUSTRIES (PERAK) SDN BHD IQZAN HOLDING BERHAD

Citation

WA-22NCC-558-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-558-11/2022 (Mahkamah Tinggi)

Plaintiff established a prima facie case via the corporate guarantee, the consent judgment against the principal debtor, a demand and a certified statement of indebtedness; the defendant's denials were implausible and contradicted by an undisputed directors' resolution and witness evidence, therefore no triable issue existed and summary judgment was rightly granted for the unpaid sum and costs.
31 Oct 2022

PIK KHIM DEVELOPMENT SDN. BHD. JITU ENIGMA SDN. BHD.

Citation

WA-22NCVC-517-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-517-08/2018 (Mahkamah Tinggi)

Plaintiff failed to prove its case on the balance of probabilities because the alleged friendly loan and key documents remained as identification-only and hearsay (originals and makers not produced), unpleaded facts cannot be relied upon, an adverse inference under s114(g) Evidence Act 1950 was warranted, and the Defendant satisfactorily proved the SPAs and that RM145,000 payments were down payments with outstanding purchase sums; therefore the claim for ownership and specific performance was dismissed.