Malaysia Case Law

22 Feb 2022

JAYAKUMAR A/L A. KUMARAPPAN RHB BANK BERHAD

Citation

WA-22NCvC-250-04/2021 (Mahkamah Tinggi)

Court

High Court

Case number

WA-22NCvC-250-04/2021 (Mahkamah Tinggi)

The suit was struck out because it was a plain and obvious abuse of process: the complaints could and should have been raised in the earlier proceedings, the plaintiff failed to show the prior order was a nullity or illegal, produced no credible evidence of misrepresentation or SGSS realisation, and therefore there were no bona fide triable issues; strike out under Order 18 r.19(b),(c),(d) was justified.

• Strike out (o.18 r.19)
• Res judicata / henderson v henderson
• Collateral attack on judgment
• Summary judgment
• Guarantee validity
• Service sector guarantee scheme

PUBLIC FINANCE BHD v PENKIN CREDIT & LEASING ADN BHD

Citation

PUBLIC FINANCE BHD v PENKIN CREDIT & LEASING ADN BHD

Court

Malaysian court

Because the defendants' affidavit failed to condescend upon particulars and did not clearly state facts supporting charged fraud/undue influence (which require particulars), and because the counterclaim was not a bona fide defence in nature, the defence was properly treated as sham/shadowy; conditional leave to defend was warranted subject to payment of the principal sum into Court within two months.

• Summary judgment
• Affidavit in reply and particulars
• Fraud, undue influence and misrepresentation
• Counterclaim
• Conditional leave to defend
• Guarantee validity