2018

2017

Cases

DAWN CITY CAR (M) SDN BHD & ANOR v. BANK ISLAM MALAYSIA BERHAD
Court of Appeal, Putrajaya
Abdul Aziz Abdul Rahim, Rohana Yusuf, Prasad Sandosham Abraham JJCA
[Civil Appeal No: B-02(NCVC)(W)-314-02-2014]
21 March 2016
[2017] 2 MLRA 345

JUDGMENT

Abdul Aziz Abdul Rahim JCA:

[1] On 27 January 2014, Rozana Ali Yusof JC of Shah Alam High Court allowed the respondent's (the plaintiff) application to enter summary judgment against the appellants (the defendants) under O 14 ROC 2012 for a sum of RM2,019,825.96 as at 24 April 2013 with costs of RM4,000.00.

[2] The learned judge found the defendants' defence was without merit and a mere bare denial. On the entirety of the evidence, the learned judge found that the defendants had failed to raise any triable issue and that the plaintiff had proven a prima facie case against the defendants. The learned JC held that this is a clear case for summary judgment.

[3] Not satisfied with the above decision, the defendants now appeal to this court.

[4] The undisputed facts of the case are as follows: the plaintiff and the 1st defendant (1st appellant in this appeal) had entered into an additional financing facility known as 'Revolving Al-Murabahah Working Capital Financing' ("the said facility") for the sum of RM2 million. The said facility agreement was guaranteed jointly and severally by the 2nd defendant (the 2nd appellant in this appeal) and another person by the name of Jamelah bt A Bakar (who had since been declared as a bankrupt).

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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