RHB BANK BERHAD v 1. ) CARZO IMPORT (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) CARZO HOLDINGS BERHAD
Catchwords
Civil Procedure — Summary judgment — Banking facilities — Plaintiff seeking recovery of outstanding sum under facility agreement — Defendants raising alleged triable issues including vague claim, unclear calculation, and non est factum defence — Whether Defendants established bona fide defence or triable issue — Whether summary judgment appropriate — Rules of Court 2012, O 14 Contract — Banking facilities — Facility agreement, personal guarantee, and corporate guarantee executed — Default in repayment by borrower — Guarantors liable under guarantee instruments — Whether ignorance or misunderstanding of terms valid defence — Non est factum defence considered and rejected — Letters of Offer, Personal Guarantee, Corporate Guarantee binding and enforceable Evidence — Certificate of Indebtedness — Whether conclusive evidence of debt — Defendants failed to show manifest error or fraud — Whether Plaintiff required to exhaust securities before claiming from guarantors — Certificate deemed binding — Principle of conclusive indebtedness applied
Practice Areas
Judges (1)
Case Significance
RHB BANK BERHAD v 1. ) CARZO IMPORT (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) ... is a High Court (Mahkamah Tinggi) decision dated May 29, 2025 (citation: wa-22ncc-137-03-2025). The case was decided by Mohd Arief Emran bin Arifin.
What was the outcome of RHB BANK BERHAD v 1. ) CARZO IMPORT (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) ...?
RHB BANK BERHAD v 1. ) CARZO IMPORT (M) SDN BHD 2. ) DELON LEE KEAN YIP 3. ) ... is a High Court decision dated May 29, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-137-03-2025)