Malaysia Case Law: Decisions & Judgments

Topic

Holder for value

Legal area

Court

29 Sept 2023

ONG KOH HOU @ WON KOK FONG WONG CHEE MENG

Citation

WA-22NCC-308-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-308-07/2021 (Mahkamah Tinggi)

On the balance of probabilities the Court accepted Plaintiff's evidence and contemporaneous GNP payment records that RM3,000,000 was paid to GNP credited to the Defendant; Defendant failed to prove total failure of consideration or that the cheque was tainted; under s.30 BEA Plaintiff is presumed holder for value and s.50(2)(c)(v) dispenses notice because payment was countermanded; accordingly Defendant is liable to repay and Plaintiff's claim succeeds.
29 Sept 2023

ONG KOH HOU @ WON KOK FONG [ IDENTITY CARD NO.: 490308055169 ] [ MESSRS ALFRED LAI & PARTNERS (KUALA LUMPUR) ] WONG CHEE MENG [ IDENTITY CARD NO.: 580804085411 ] [ MESSRS JOSEPH TING & CO. (PUCHONG) ]

Citation

KLHC WA-22NCC-308-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KLHC WA-22NCC-308-07/2021 (Mahkamah Tinggi)

Court found on balance of probabilities that Plaintiff paid RM3,000,000 to GNP credited to Defendant and that Defendant gave the RM3,000,000 cheque to Plaintiff as repayment; Defendant failed to prove fraud, duress or total failure of consideration and failed to rebut presumption of value under s30 BEA; countermanding obviated need for notice of dishonour; accordingly Plaintiff, as holder for value, is entitled to judgment for RM3,000,000, interest and costs.
15 Sept 2021

Gan Kok Hwa Loo Chooi Ting

Citation

WA-22NCC-159-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-159-04/2021 (Mahkamah Tinggi)

Applying the Bills of Exchange Act presumptions (ss.27,30,47,55) the defendant failed to rebut on the balance of probabilities that the cheque was given for valuable consideration; the alleged set-off and counterclaim are irrelevant to an action on a cheque and did not raise a triable issue or show total/quantified failure of consideration; notice of dishonour was not required; summary judgment for the face value of RM1,700,000 was therefore ordered.
15 Jul 2021

TAN TAI BIAN TAN SHIAU YIENG

Citation

WA-22NCC-82-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-82-02/2021 (Mahkamah Tinggi)

The Settlement Agreement was validly entered into and supported by consideration (withdrawal of police report); the Defendant's conduct and timing of raising duress indicated an afterthought and not a triable issue; dishonoured post-dated cheques created an immediate cause of action under the Bills of Exchange Act 1949; accordingly there were no triable issues and summary judgment was properly entered for the Plaintiff.
25 Nov 2019

YEE TECK FAH LEE CHEE MENG

Citation

WA-22NCC-362-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-362-07/2019 (Mahkamah Tinggi)

Plaintiff, as holder for value of a dishonoured cheque, was entitled to summary judgment because the Bills of Exchange Act 1949 presumes consideration and grants immediate recourse against the drawer on dishonour; the defendant failed to establish any triable issue amounting to total failure of consideration or a valid defence and the counterclaim was irrelevant to the cheque action.

Malaysia Case Law

ONG KOH HOU @ WON KOK FONG WONG CHEE MENG

ONG KOH HOU @ WON KOK FONG [ IDENTITY CARD NO.: 490308055169 ] [ MESSRS ALFRED LAI & PARTNERS (KUALA LUMPUR) ] WONG CHEE MENG [ IDENTITY CARD NO.: 580804085411 ] [ MESSRS JOSEPH TING & CO. (PUCHONG) ]

Gan Kok Hwa Loo Chooi Ting

TAN TAI BIAN TAN SHIAU YIENG

YEE TECK FAH LEE CHEE MENG