BANK PERTANIAN MALAYSIA BERHAD v 1. ) LADANGKU MAJU SDN BHD 2. ) YANI HARDINATA BIN HAIRUDDIN 3. ) DATO' MOHAMED NOR BIN ABU BAKAR 4. ) DATO' DR. IR. HAJI MOHD ABDUL KARIM BIN ABDULLAH

wa-22m-668-06-2024 High Court (Mahkamah Tinggi) 25 November 2024 • WA-22M-668-06/2024

Catchwords

Civil procedure – Islamic banking – Summary judgment against guarantor – Application for – Borrower failed to make installment payments in respect of loan facility granted by plaintiff under Islamic financing facility based on commodity murabahah – Default judgment obtained against borrower and 2 other guarantors – Whether plaintiff had established prima facie case and was entitled to summary judgment – Guarantee and Indemnity – Principal liability clause – Whether demand was effectively served on guarantor – Whether guarantor’s liability extinguished due to variance and restructuring of main agreement – Certified Statement of Account – Conclusive Evidence Clause –– Whether Profit Rate and ta’widh excessive – Whether guarantor have shown evidence of manifest error – Whether guarantor successfully raised triable issues – Rules of Court 2012, Order 14 rr.1 & rr.3 – Contracts Act 1950, s.77, s.78, s.86, & s. 88 – Evidence Act 1950, s.115.

Practice Areas

Civil procedure

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Parties (5)

BANK PERTANIAN MALAYSIA BERHAD Plaintiff LADANGKU MAJU Sdn Bhd Defendant Dato' Dr. Ir. Haji Mohd Abdul Karim bin Abdullah Defendant Dato' Mohamed Nor bin Abu Bakar Defendant Yani Hardinata bin Hairuddin Defendant

Judgment

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Source: eJudgment (wa-22m-668-06-2024)