13 Feb 2023
BANK PERTANIAN MALAYSIA BERHAD 1. ) WAN AHMAD SHAIPUDDIN BIN WAN IBRAHIM 2. ) WAN MOHD AL FAQIH BIN WAN AHMAD SHAIPUDDIN
- Citation
- DA-22M-4-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22M-4-06/2022 (Mahkamah Tinggi)
The court found the plaintiff established a prima facie case supported by unambiguous contractual documents and a Certificate of Indebtedness; the defendants failed to raise affidavit evidence of a triable defence (including that the facility was otherwise used, that moratorium was contractually required, or that payment estopped the plaintiff), therefore summary judgment was appropriate and granted for the plaintiff.