Malaysia Case Law: Decisions & Judgments

Topic

Loan default

Legal area

Court

19 Aug 2025

BANK ISLAM MALAYSIA BERHAD NUR IZZATI BINTI AHMAD SOBRI

Citation

WA-B52M-2360-12/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-B52M-2360-12/2024 (Mahkamah Sesyen)

The court found the material facts undisputed: defendant applied for and signed the financing documents, received and used RM300,000, and failed to pay instalments. Allegations of manipulation by third parties did not raise a triable issue because the defendant had the opportunity and ability to verify, and receipt of funds binds the defendant to repay. Therefore summary judgment was appropriate for the plaintiff's claimed sums and costs.
19 Mar 2025

PAC LEASE BERHAD 1. ) GRENEPARK VILLAGE SDN. BHD. 2. ) GREGORY AMOS YOON PENG SUM 3. ) MOHD HALIM WHY BIN ABDULLAH 4. ) PARAGRENE LAND BERHAD

Citation

WA-22NCC-619-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-619-09/2024 (Mahkamah Tinggi)

Plaintiff established a strong prima facie case by proving the loan facility, producing a Statement of Account showing default, adducing executed guarantee agreements with acknowledgment of service, and proving service of the Notice of Demand; the Defendants' denials were bare and unsupported by documentary or expert evidence and therefore did not raise any genuine triable issues — summary judgment was appropriate and entered for the Plaintiff.
14 Apr 2022

KHOR BOON (pekongsi-pekongsi yang berniaga atas nama KHOR SEOK THOK & SONS) CIMB BANK BERHAD (dahulunya dikenali sebagai Bank Of Commerce (M) Berhad)

Citation

RA-12BNCC-1-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

RA-12BNCC-1-02/2021 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the respondent proved a clear and undeniable claim supported by loan agreements, security and account records; the appellant failed to raise any bona fide, meritorious defence or triable issue (the overdraft was settled and disputed account statements were irrelevant); therefore Order 14 summary judgment was properly granted and must stand.

Malaysia Case Law

BANK ISLAM MALAYSIA BERHAD NUR IZZATI BINTI AHMAD SOBRI

PAC LEASE BERHAD 1. ) GRENEPARK VILLAGE SDN. BHD. 2. ) GREGORY AMOS YOON PENG SUM 3. ) MOHD HALIM WHY BIN ABDULLAH 4. ) PARAGRENE LAND BERHAD

KHOR BOON (pekongsi-pekongsi yang berniaga atas nama KHOR SEOK THOK & SONS) CIMB BANK BERHAD (dahulunya dikenali sebagai Bank Of Commerce (M) Berhad)