AMBANK ISLAMIC BERHAD v 1. ) EMRAZ TRAVEL & TOURS SDN BHD 2. ) MAZUIN BINTI MUSTAFA 3. ) ZULKARNAIN BIN ENDUT
25 cases cited
(1 SG, 24 foreign)
Catchwords
Islamic banking – Bank & banking business – Default in repayment of Murabahah banking facility – Judgment in default entered against borrower – Summary judgment application against guarantors – Whether plaintiff was entitled to terminate and recall facility – Whether performance under facility agreement frustrated – Whether cancellation of license amounts to act of default – Whether parties contemplated frustrating events – Whether frustration was self-induced – Whether letter of demand and termination was issued and received – Lack of Certification of posting in the demand for arrears – Certificate of Indebtedness – Conclusive Evidence Clause – Whether judgment against borrower is conclusive proof of liability and quantum against guarantors – Whether Guarantors successfully raised triable issues – Joint and several guarantee – Rules of Court 2012, Order 14 rr 1, 3, 4 – Civil Law Act 1956, s.15 & 16 – Lembaga Tabung Haji Act 1995, s.27(1) & s.27(2) – Tourism Industry Act 1992, s.8(1)(b) and s.8(1)(d). Evidence – Judicial Notice – Guarantors failed to show evidence of cancellation of borrower's tourism and operating license – Whether events notorious and can be judicially noticed in a summary judgment procedure – Whether illegality of the performance of the borrower’s operations resulted out of the cancellation of licenses by authorities can be judicially noticed – Whether Court can refer to news articles and official website to determine the issue of such illegality and the cause of such cancellation of license – Evidence Act 1950, s.56, s.57(1)(o) & s.57(2).
Practice Areas
Judges (1)
Statutes Cited
Cases Cited (25)
SLR (1)
[2014] 2 SLR 1342
UK (9)
[1919] AC 435 [1935] AC 524 [1956] AC 696 [2008] EWCA Civ 542 [2011] EWCA Civ 230 [2012] Ch 31 [2013] EWHC 748 [2018] EWCA Civ 264 [2021] EWHC 344
MY (15)
[1978] 1 MLJ 168 [1979] 2 MLJ 212 [1981] 1 MLJ 282 [1984] 2 MLJ 300 [1985] 1 MLJ 153 [1986] 2 MLJ 30 [1987] 2 MLJ 183 [1990] 2 MLJ 36 [1991] 2 MLJ 251 [1992] 1 MLJ 400 [1992] 2 MLJ 281 [2002] 3 CLJ 638 [2006] 3 CLJ 544 [2015] 5 MLJ 619 [2023] 5 MLJ 597
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22m-9-01-2024)