SAFEMINE MINERALS SDN. BHD. v Tee Joo Teik [Selaku wasi harta pusaka Encik Bong Yam Keng (Si Mati)

wa-12ancc-60-06-2024 High Court (Mahkamah Tinggi) 9 January 2025 • WA-12ANCC-60-06/2024 • 13 min read
7 cases cited (0 SG, 7 foreign)

Catchwords

summary judgment-The burden of proof to show a triable issue is on the defendant. It is not enough for a defendant to make bare allegations or give a mere general denial of a debt-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-in O. 14 proceedings, a defendant’s affidavit must “condescend upon particulars” and “should, as far as possible, deal specifically with the plaintiff’s claim and affidavit, and state clearly and concisely what the defence is, and what facts are relied on to support it-mere general denial that the defendant is [not] indebted will not suffice -an admission is a proper acknowledgement of a debt-A court is entitled to view the totality of the evidence including the non- reply to a solicitor’s letter of demand to hold that there is no triable issue

Judges (1)

Leong Wai Hong Delivered

Counsel (5)

Faizi & Associates Firm Justin Voon Chooi & Wing Firm Iffahhizwani Counsel Appellant Justin Voon Counsel Respondent Tan Ko Xin Counsel Respondent

Parties (2)

SAFEMINE MINERALS Sdn Bhd Appellant Tee Joo Teik [selaku Wasi Harta Pusaka Encik Bong Yam Keng (si Mati) Respondent

Case Significance

SAFEMINE MINERALS SDN. BHD. v Tee Joo Teik [Selaku wasi harta pusaka Encik Bo... is a High Court (Mahkamah Tinggi) decision dated January 9, 2025 (citation: wa-12ancc-60-06-2024). The case was decided by Leong Wai Hong.

What was the outcome of SAFEMINE MINERALS SDN. BHD. v Tee Joo Teik [Selaku wasi harta pusaka Encik Bo...?

SAFEMINE MINERALS SDN. BHD. v Tee Joo Teik [Selaku wasi harta pusaka Encik Bo... is a High Court decision dated January 9, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (7)

UK (1)
[1891] 2 QB 534
MY (6)
[1987] 2 MLJ 479 [1992] 1 MLJ 400 [1995] 3 MLJ 283 [1999] 8 CLJ 592 [2014] 4 MLJ 478 [2020] MLJU 2364

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12ancc-60-06-2024)