Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Statement of account as conclusive evidence

Legal area

Court

10 May 2022

CIMB BANK BERHAD 1. ) MASTUS CORPORATION SDN BHD 2. ) LIM SIEW PHENG 3. ) LIM CHIN KIAT 4. ) DATO' TAN PIN SOON

Citation

BA-22NCC-7-04/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-7-04/2018 (Mahkamah Tinggi)

Plaintiff satisfied Order 14 prerequisites and defendants failed to raise any bona fide triable issue; contemporaneous Letters of Offer and Facility Agreements established the facility limits including RM7,000,000; the signed Statement of Accounts coupled with clause 21 of the Guarantees rendered the indebtedness final and conclusive against the guarantors; unstamped/undated formalities and absence of BLR particulars did not create triable issues; proceeds from realised securities and insolvency are for adjustment at execution. Summary judgment granted for the stated sum with interest and cos…
21 Feb 2022

HONG LEONG BANK BERHAD 1. ) BTS BUILDTRADE SUPPLY SDN BHD 2. ) LEOW LI HWA 3. ) LEOW FOOK WEE

Citation

WA-22NCC-389-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-389-09/2021 (Mahkamah Tinggi)

Summary judgment was entered for the plaintiff because the charge expressly permitted consolidation and set-off, the plaintiff’s statement of account was conclusive evidence of indebtedness absent any manifest error, the defendants failed to establish any bona fide triable issue, and the third defendant was liable under the guarantees to cover consolidated liabilities.