7 Jan 2022
BANK KERJASAMA RAKYAT MALAYSIA BERHAD COSMIC MASTER DEVELOPMENT SDN BHD
- Citation
- WA-22M-25-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-25-02/2021 (Mahkamah Tinggi)
Plaintiff established entitlement to summary judgment under Order 14 by meeting preliminary requirements and producing a conclusive certificate of indebtedness; defendants failed to raise any bona fide triable issue because (a) issues about repayment source and obligation to realize securities were already finally determined in Suit 71 (res judicata), (b) the 1st Defendant acknowledged the debt and/or made part payments thereby creating a fresh accrual under s.26(2) Limitation Act 1953 so the action was within time, and (c) challenges to profit rates do not overturn the conclusive certificate…