Malaysia Case Law: Decisions & Judgments

Topic

Loan

Legal area

Court

13 Dec 2024

NURULALIA BINTI CHE SEMAN ABDUL AZIZ BIN ABDUL RASHID (Berniaga sebagai EM MURNI ENTERPERISE) PIHAK YANG DIGARNIS 1. ) RHB ISLAMIC BANK BERHAD 2. ) MAYBANK ISLAMIC BERHAD 3. ) CIMB BANK BERHAD 4. ) RHB BANK BERHAD 5. ) BANK PERTANIAN MALAYS

Citation

CA-A52-5-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A52-5-06/2024 (Mahkamah Sesyen)

The court found the plaintiff proved the deposits into the defendant's account and complied with summary judgment prerequisites; the defendant failed to raise any bona fide triable issue and his affidavit merely attempted to improve a bare denial, therefore summary judgment was granted for RM109,800.00 with prescribed interest and costs as set out.
27 Aug 2024

CHEW KOK WAH 1. ) MUHAMMAD ZAIREE IZWAN BIN ZAHIR 2. ) NUR ZAIREEN NADIRAH BINTI ZAHIR 3. ) MAZLINA BINTI CHE OMAR

Citation

KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-A52NCvC-9-06/2021 (Mahkamah Sesyen)

Plaintiff failed to prove the RM200,000 was a personal loan of the deceased: evidence showed funds were paid into business accounts and cheques issued by a business entity, no written agreement existed and documentary evidence was only treated as ID; therefore administrators are not liable and the plaintiff's claim is dismissed.
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 2022

Gan Hai Toh SEACERA GROUP BERHAD PIHAK KETIGA TERAS SARI RESOURCES SDN BHD

Citation

WA-22NCC-114-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-114-03/2019 (Mahkamah Tinggi)

The Loan Agreement, admissions by the third party's witness and the RM5,000,000 payment by LTC Holdings established that the loan was made to the third party and was repaid; consequently the plaintiff failed to prove a loan to the defendant and the defendant's liability as guarantor was discharged under s87 of the Contracts Act 1950.
28 Apr 2022

DEVANSH NANDA JAN WILLEM BROUWER

Citation

BA-12BNCC-21-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCC-21-12/2020 (Mahkamah Tinggi)

The appeal is partially allowed because the Plaintiff admitted at trial that after selling some collateral the outstanding debt was RM143,955.61; the Sessions Court failed to account for the admitted sale proceeds and should have limited the Plaintiff’s recovery to RM143,955.61; appellate interference was justified to correct that omission.
13 Sept 2021

Tseng I Fang Kwang Shen Steel Industries Sdn Bhd

Citation

WA-22NCC-222-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-222-05/2021 (Mahkamah Tinggi)

Plaintiff established a prima facie case by documentary and bank evidence showing the loan advances and issuance of post-dated cheques; defendant's denials were bare and unsubstantiated and did not disclose any arguable or triable issue; the claim was not statute-barred as cause of action arose on the failed deposit of the cheques on 15 November 2019; therefore summary judgment under Order 14 was appropriate.
23 Jun 2021

MOHD MUSA BIN PAIJAN 1. AZROL BIN MOHAMAD 2. MOHD IRFAN AZRIN BIN MUSTAFAR PIHAK KETIGA MAYBANK ISLAMIC BERHAD & MALAYAN BANKING BERHAD

Citation

A52NCC-398-09-2020 Encl 20 (Mahkamah Sesyen)
Court

Sessions Court
Case number

A52NCC-398-09-2020 Encl 20 (Mahkamah Sesyen)

Service was valid at the last known addresses voluntarily supplied by the defendants; defendants failed to present credible evidence of trading or a bona fide defence and relied only on Whatsapp assertions; therefore the application to set aside the default judgment is dismissed and costs awarded.