Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Investment vs loan

Legal area

Court

4 Apr 2024

BINA PRAGMATIK SDN. BHD. JOVIAN MANDAGIE

Citation

WA-22NCC-298-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-298-05/2023 (Mahkamah Tinggi)

Defendant failed to discharge the burden to show any bona fide triable issue: the investment assertion was unparticularised, lacked corroborative documents, was inconsistent with conduct and the failure to respond to demand rendered the contention inherently improbable; therefore summary judgment for the plaintiff was proper.
2 Apr 2024

CEKAP AIR SDN. BHD. JOVIAN MANDAGIE

Citation

WA-22NCC-314-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-314-05/2023 (Mahkamah Tinggi)

The Defendant failed to particularise or provide any documentary evidence to substantiate the claim that the RM5,000,000.00 was an investment; bare assertions and conduct were inconsistent with an investment and did not establish a bona fide triable issue; accordingly, on the authorities governing Order 14 the Plaintiff was entitled to summary judgment.