Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Interest clause

Legal area

Court

10 Nov 2022

BUILDCON CONCRETE SDN BHD 1. ) CHINA 1ST METALLURGICAL CONSTRUCTION (M) SDN BHD 2. ) ZHAO HAI

Citation

WA-22NCC-172-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-172-04/2022 (Mahkamah Tinggi)

D2 signed the Guarantee and the trading application as D1's Managing Director and majority shareholder; there was documentary evidence of the trading account, deliveries and agreed interest; D2 produced no credible evidence of forgery, fraud or account overbilling to create a bona fide triable issue; accordingly summary judgment was appropriate and entered for the Plaintiff against D2 for the outstanding sums with interest and costs.
21 Jul 2021

HANSON BUILDING MATERIALS SDN BHD 1. KENCANA AMANJAYA SDN BHD 2. OH KIAN CHOK 3. RUSINAH BINTI MOHAMAD 4. DATO'ISMAILBIN MAN

Citation

B52NCC-44-04-2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

B52NCC-44-04-2021 (Mahkamah Sesyen)

The 22.3.2021 letter constituted a clear, unconditional admission of indebtedness by the first defendant (binding on the guarantors), no valid complaints or counterclaims were made within contractual timeframes, and therefore under Order 27 Rule 3 ROC 2012 the plaintiff was entitled to judgment on admission; costs were awarded to the plaintiff.