Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Undated cheques

Legal area

Court

25 May 2023

GROUPLITE ENGINEERING SDN BHD 1. ) SKT CONSTRUCTION SDN BHD 2. ) GAN KIM KENG 3. ) ONG KHAM TOO

Citation

DA-22C-1-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22C-1-06/2022 (Mahkamah Tinggi)

Plaintiff satisfied the procedural prerequisites for summary judgment under Order 14 and established a prima facie case supported by invoices, account statements, correspondence and an executed joint and several guarantee; defendants failed to produce particularized evidence or credible facts to show a bona fide triable issue (their challenges were general denials or implausible contentions), therefore summary judgment was appropriate for the amount claimed and costs were awarded.
30 Nov 2021

DATO’ ROBERT TEO KENG TUAN [NO. K/P: 500504-08-6225] (yang mendakwa sebagai Wasi kepada Harta Pusaka Lee Soh Hua, si mati) TEO KENG HOCK [NO. K/P: 470226-05-5191]

Citation

NA-A52NCVC-3-01/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A52NCVC-3-01/2020 (Mahkamah Sesyen)

On the balance of probabilities the statutory declaration of 18/01/2008 and the 12 undated cheques proved the existence of a RM120,000 loan from the deceased to the defendant and that the deceased granted extensions which tolled limitation until her death; the plaintiff obtained locus to sue only after grant of probate on 18/01/2018 so the limitation defence fails; interest was refused because there was no evidence the loan carried interest; costs awarded to plaintiff on scale.