Malaysia Case Law: Decisions & Judgments

Topic

Mortgage reducing term assurance (mrta)

Legal area

Court

4 Dec 2023

Teoh Teik Ooi [ Identity Card No.: 550519075233 ] AMMETLIFE INSURANCE BERHAD [ Company No.: 15743-P ]

Citation

PA-12ANCvC-39-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12ANCvC-39-08/2023 (Mahkamah Tinggi)

Appellant lacked locus standi and cause of action to pursue the MRTA policy because the policy was not listed as an asset of the deceased in the Form E schedule and the policy was held for AmBank as policyholder, therefore the claim could be dismissed under Order 14A as a question of law decided without full trial.
3 Apr 2023

Melindajit Kaur A/p Pritam Singh UNITED OVERSEAS BANK (MALAYSIA) BHD

Citation

WA-22NCC-557-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-557-10/2019 (Mahkamah Tinggi)

Plaintiff's claim dismissed as time-barred under s6 Limitation Act 1953 (cause of action accrued by at latest January 2013); on construction of loan documents the bank was not obliged to procure MRTA and the borrower failed to satisfy insurer pre-conditions so no MRTA existed; defendant's certificate of indebtedness establishes estate's liability; counterclaim allowed.
3 May 2021

MURUGAN A/L PARASURAMAN 1. ) PUBLIC BANK BERHAD 2. ) NG TEE HONG

Citation

PA-22NCVC-222-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCVC-222-10/2019 (Mahkamah Tinggi)

The claim was dismissed at strike‑out because the plaintiff failed to produce the MRTA policy or evidence that the insurer was notified, the cause papers and Form 16D and Order for Sale were duly served and perfected, no triable issue existed as to the bank's entitlement to commence recovery and sale, and the purchaser acquired an indefeasible title; consequently the writ and statement of claim were struck out as unsustainable.
18 Feb 2020

Phunita A/P Thevathesan United Overseas Bank (Malaysia) Bhd

Citation

WA-22NCC-557-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-557-10/2019 (Mahkamah Tinggi)

Because the deceased failed to comply with the express pre-conditions for MRTA and insurer did not accept the proposal, no MRTA cover ever came into effect; the claim premised on existence of MRTA is therefore unsupported, time-barred, and devoid of triable issues; additionally the bank’s certified Certificate of Indebtedness is conclusive absent proof of fraud or manifest error, entitling the bank to summary judgment on its counterclaim.

Malaysia Case Law

Teoh Teik Ooi [ Identity Card No.: 550519075233 ] AMMETLIFE INSURANCE BERHAD [ Company No.: 15743-P ]

Melindajit Kaur A/p Pritam Singh UNITED OVERSEAS BANK (MALAYSIA) BHD

MURUGAN A/L PARASURAMAN 1. ) PUBLIC BANK BERHAD 2. ) NG TEE HONG

Phunita A/P Thevathesan United Overseas Bank (Malaysia) Bhd