11 Aug 2020
1. ) IKHLAS AL DAIN SDN BHD 2. ) SUNGEI WANG PLAZA SDN BHD 3. ) DATO SERI' ABDUL AZIM BIN MOHD ZABIDI 4. ) TAN PENG KOON AMBANK ISLAMIC BERHAD
- Citation
- WA-22M-45-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-45-01/2020 (Mahkamah Tinggi)
Plaintiff established a prima facie case under Order 14; defendants failed to demonstrate any bona fide triable issue or other reason for a trial because the facility agreements and guarantees are binding, the bank had contractual discretion to accept or reject settlement proposals, any disclosure was permitted by the charge upon event of default, and any alleged statutory or Shariah breaches do not defeat the plaintiff's claim for recovery which is distinct from separate complaints that must be pursued separately; therefore summary judgment was warranted for the plaintiff.