ALLIANCE BANK MALAYSIA BERHAD v 1. ) SUPREME POWER AUTO SDN. BHD. 2. ) LIM TECK BOON 3. ) LIM JEN JIN
Catchwords
Banking — Loan facilities — Term loans — Borrower’s default — Action for recovery of debt — Guarantees — Joint and several guarantee — Liability of guarantors — Whether guarantors liable upon borrower’s default Banking — Certificate of indebtedness — Conclusive evidence clause — Effect of certificate — Whether certificate operates in field of adjectival law — Whether certificate shifts evidential burden to defendant — Whether certificate sufficient to establish debt in summary judgment proceedings — Meaning of manifest error — Whether bare allegation of excessive amount sufficient to displace certificate. Banking — Security — Concurrent remedies — Action against borrower and guarantors — Existence of charged property — Whether bank required to first realise security before suing on debt — Whether bank entitled to pursue debt and security simultaneously — Effect of contractual clause preserving concurrent remedies. Civil Procedure — Summary judgment — Order 14 rule 1 Rules of Court 2012 — Threshold for summary judgment — Plaintiff’s burden to establish prima facie case — Defendant’s burden to raise bona fide triable issue — Whether bare denials and unsupported assertions amount to triable issue — Whether unparticularised challenge to quantum sufficient to resist summary judgment. Civil Procedure — Pleadings — Parties bound by pleadings — Whether unpleaded objections may be relied upon to resist summary judgment — Requirement that manifest error be specifically pleaded or clearly particularized. Contract — Commercial agreements — Interest clause — Contractual interest — Whether court will interfere with agreed rate of interest — Whether allegation that interest is excessive raises triable issue absent proof of illegality or inconsistency with contract.
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ma-22ncc-9-06-2023)