13 Feb 2020
Teraju Bumiputera Corporation Mohamed Fadzill bin Hassan
- Citation
- WA-22NCVC-549-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCVC-549-08/2019 (Mahkamah Tinggi)
Defendant, sued in his capacity as chairman of PKMM, had expressly acknowledged the society's obligation to repay the loan by correspondence and by tendering payment cheques; those admissions and the absence of replacement cheques established no bona fide triable issue. The Societies Act permits suing the office-bearer for liabilities of the society. The arbitration clause did not prevent court determination because the agreement had expired and no substantive contractual dispute over liability remained. Therefore summary judgment was proper.