Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Rebate (ibra')

Legal area

Court

28 Nov 2023

Chunsi Kudkumkong Bank Islam Malaysia Berhad

Citation

WA-22NCvC-286-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-286-06/2023 (Mahkamah Tinggi)

The court struck out the Plaintiff's suit because the exact issues and reliefs had been finally determined in prior proceedings culminating in Federal Court dismissal; therefore res judicata applied and the suit constituted an abuse of process under Order 18 r19(1)(d), further rendered academic by the Plaintiff's redemption of charged properties, warranting striking out and costs.
26 Aug 2020

1. ) STT TECHNOLOGIES SDN BHD 2. ) SUHAIMI BIN AHMAD 3. ) ZAITON BIN ALIAS MBSB BAN BERHAD

Citation

WA-22M-647-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-647-08/2019 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 preliminary requirements; discrepancies in amounts and profit rate were explained by timing, ibra' (rebate) and changes to ECOF-i and did not amount to manifest error; the Deed of Assignment did not extinguish the Defendants’ liabilities; the Notice of Termination was asserted and not contested and absence of its exhibit was not fatal where not denied; consequently Defendants failed to raise any bona fide triable issue and summary judgment was appropriate.