30 Mar 2020
CIMB Bank Berhad 1. Reliance Shipping & Travel Agencies Sdn Berhad 2. Dato' Gan Eng Kwong 3. Datin Irene Tan
- Citation
- 22NCC-588-10/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22NCC-588-10/2019 (Mahkamah Tinggi)
Summary judgment was dismissed because the Plaintiff's supporting affidavit failed to verify adequately the material facts underpinning the claim (did not specify salient contractual provisions, did not demonstrate that the Statement of Account was conclusive as to guarantors' liability, and failed to produce evidence of Plaintiff's Cost of Fund), and because conflicting evidence on the applicable interest rate and Cost of Fund raised a triable issue requiring oral evidence.