15 Oct 2020
MALAYAN BANKING BERHAD 1. TEGAP BUMIJAYA SDN BHD 2. TAN KAR WEE 3. CHIN MEEI YUH
- Citation
- JA22-NCC-8-02/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA22-NCC-8-02/2019 (Mahkamah Tinggi)
Although the plaintiff established a prima facie liquidated claim via an uncontested Certificate of Indebtedness, the court found genuine triable issues as to whether the plaintiff had taken adequate steps (due diligence/notice and foreclosure/enforcement of charged property) before pursuing guarantors; those triable issues required a trial and therefore summary judgment under Order 14 was refused.