30 May 2021
Malayan Banking Berhad (No. Syarikat: 196001000142 (3812-K) Cheong Hock @ Cheong Kim Hock
- Citation
- JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12A-NCvC-15-09/2020 (Mahkamah Tinggi)
The High Court held the production of the FD receipts established a prima facie entitlement to the principal sum of RM138,000 and the Defendant failed to show a bona fide triable defence to the principal claim, thus confirming summary judgment for the principal. However, the interest element was not a clear-cut matter because the 7.90% rate was stated for a one-month term and bank rates fluctuate; therefore the interest claim raised triable issues and was set aside and remitted to the Sessions Court for trial. General and exemplary damages were abandoned by the Plaintiff and struck down.