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)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-137-03-2025)