OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD
Catchwords
Civil Procedure — Appeal — Appeal against summary judgment — Appeal against striking out of counterclaim — Applicable appellate standard — Whether re-hearing or review of discretion — Whether genuine triable issue raised — Distinction between limbs under O 18 r 19(1) Rules of Court 2012 — Sub-paragraph (a) confined to defects on the face of pleadings — Prohibition on affidavit evidence under O 18 r 19(2) for sub-paragraph (a) — Scope of sub-paragraphs (b), (c) and (d) — Whether counterclaim for fraud and misrepresentation properly struck out under sub-paragraphs (b), (c) and (d) — Lack of material particulars — Whether counterclaim obviously unsustainable — Rules of Court 2012, O.14 r.1 & r.3, & O.8 r.19. Contract — Guarantee — Guarantee Service Provider scheme under Kafalah contract — Concurrent rights of bank against customer and guarantee service provider — Corporate Guarantee’s right of subrogation and right of recourse — Whether bank entitled to recover from either or both — Whether defendant ultimately liable — Contracts Act 1950, s.77, s.78, s.79, & s.81.
Practice Areas
Judges (1)
Case Significance
OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: wa-12am-3-01-2025). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD?
OOI SWEE KING v STANDARD CHARTERED SAADIQ BERHAD is a High Court decision dated May 21, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12am-3-01-2025)