Malaysia Case Law: Decisions & Judgments

Topic

Termination of facilities

Legal area

Court

10 Apr 2023

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) THO MEM GROUP SDN. BHD. 2. ) IZHAM FITRI BIN ISMAIL 3. ) KHAIRUL IZWAN BIN MUSA 4. ) MOHD HASHIM BIN MOHD JAN 5. ) ISMAIL BIN JANTAN

Citation

WA-22M-565-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-565-09/2022 (Mahkamah Tinggi)

The court found the Writ and Statement of Claim were duly served and the JID was regularly obtained; the defendants failed to disclose a prima facie defence and the AKPK email did not amount to an assurance to withhold legal action; therefore the application to set aside the JID was dismissed with costs.
25 Jun 2021

SUCCESSVIEW DEVELOPMENT SDN BHD (CO. NO.: 1056168-D) RHB BANK BERHAD (CO. NO.: 459073-A)

Citation

WA-22NCC-152-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-152-03/2020 (Mahkamah Tinggi)

Plaintiff failed to fulfil express conditions precedent for TL2 and TL3 (invoices older than six months), no written waiver existed, availability periods had expired and the bank reasonably and contractually exercised its discretion after reviews and valuer reports that the project was not viable; accordingly defendant was entitled to terminate the undrawn facilities and did not breach contract or duty of care.
18 May 2021

MME REALTY & MANAGEMENT SDN BHD BANK KERJASAMA RAKYAT MALAYSIA BHD

Citation

WA-22M-338-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-338-10/2020 (Mahkamah Tinggi)

The Court struck out MME's writ and statement of claim under O.18 r.19(1)(b) and (d) because the claims concern the same parties, the same six financing facilities and arise from the same factual matrix already finally adjudicated by the Court of Appeal; res judicata and related estoppel doctrines bar relitigation and render the present suit scandalous, frivolous, vexatious and an abuse of court process, notwithstanding that some pleaded issues might warrant trial if the action were not precluded by finality of the earlier judgment.
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.

Malaysia Case Law

SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD 1. ) THO MEM GROUP SDN. BHD. 2. ) IZHAM FITRI BIN ISMAIL 3. ) KHAIRUL IZWAN BIN MUSA 4. ) MOHD HASHIM BIN MOHD JAN 5. ) ISMAIL BIN JANTAN

SUCCESSVIEW DEVELOPMENT SDN BHD (CO. NO.: 1056168-D) RHB BANK BERHAD (CO. NO.: 459073-A)

MME REALTY & MANAGEMENT SDN BHD BANK KERJASAMA RAKYAT MALAYSIA BHD

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