Malaysia Case Law

11 May 2021

AMBANK (M) BERHAD MANGKUBUMI SDN BHD

Citation

WA-22NCC-187-05/2020 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCC-187-05/2020 (Mahkamah Tinggi)

Summary judgment was granted because the Plaintiff established a clear documentary right to a liquidated sum under an absolute assignment with proper notice; the Defendant failed to give written notice of discrepancy within the contractual period, made part payments accepting the arrangement, and did not raise specific pleaded facts or evidence sufficient to create triable issues; allegations of forgery and other irregularities were unsupported and insufficient to defeat the Order 14 application.

• Assignment of debts
• Factoring agreement
• Estoppel by conduct
• Summary judgment
• Privity
• Admissibility of without prejudice communications

ARAB MALAYSIAN MERCHANT BANK BHD v CHONG ON FOH MEDICAL HALL

Citation

ARAB MALAYSIAN MERCHANT BANK BHD v CHONG ON FOH MEDICAL HALL

Court

Malaysian court

Given the factual matrix (document custody by bank, signatories impracticable to call, distance between courts and bank, repeated prior attendance by the bank officer and the small monetary claim), the High Court held s 73A(2) empowered the magistrate to admit the agreement to avoid undue delay or expense; failure to consider s 73A(2) was an error and justified allowing the appeal and admitting the document.

• Admissibility of documentary evidence
• Evidence act 1950 s 73a(1) and (2)
• Sine die adjournment
• Factoring agreement