1. ) DATO' SERI TENGKU NERANG PUTRA 2. ) DATIN SERI OOI LI LIN 3. ) OOI PHEAK LING v 1. ) ACE HOLDINGS BERHAD 2. ) DATUK CHOONG CHEE MENG 3. ) Chang Ai Nee

wa-22ncc-411-06-2024 High Court (Mahkamah Tinggi) 21 November 2024 • WA-22NCC-411-06/2024

Catchwords

O.14 Rules of Court – Summary judgment – application of Plaintiffs against Second and Third Defendants – Court duty bound to consider the affidavits and pleadings filed – ascertain – bona fide defence, issues or questions to be tried – any reason for the matter to be determined after trial – only in plain and obvious case. Burden of proof – Plaintiffs – show they have a clear and undeniable claim against Defendants – burden of proof shifted – Defendants – bona fide defences to the claim or there are any issues that require deliberation through viva voce evidence – only determined at trial. Power of Court – Grant leave – with a condition – that the Defendants scrutinize - sums claimed by Plaintiffs. – can also grant part of the claim – and the remainder of the claim – trial. Investment Agreement – Guarantee made by 2nd and 3rd Defendants – promise – to pay the sums due to the Plaintiffs if the 1st Defendant fails – The Defendants failed to show – defence to the claim that require trial – also – failed to comply with the promises that they have made.

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Parties (6)

ACE HOLDINGS BERHAD Defendant Chang Ai Nee Defendant Datin Seri Ooi Li Lin Plaintiff Dato' Seri Tengku Nerang Putra Plaintiff Datuk Choong Chee Meng Defendant Ooi Pheak Ling Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-411-06-2024)