AFFIN BANK BERHAD v 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN

wa-22ncc-222-04-2024 High Court (Mahkamah Tinggi) 9 March 2025 • WA-22NCC-222-04/2024

Catchwords

summary judgment application-Guarantee-In an Order 14 application the burden of proof to show a triable issue is on the defendants-The burden of proof to show a triable issue is on the defendants. It is not enough for the defendants to make bare allegations or give a mere general denial of a debt-A court hearing an Order 14 application must take a robust approach and examine carefully to see if sufficient facts and particulars had been given by a defendant to show that there is a triable issue to justify leave to defend-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-The Certificates of Indebtedness-A certificate of indebtedness issued in accordance with the express provisions of the contract which provide that the certificate is final and conclusive of the matters stated therein is final and conclusive evidence of the amount in the absence of any manifest error on the certificate; and-The plaintiff has no further obligation to produce statements of account to prove the debt in an application for summary judgment.-To challenge a certificate of Indebtedness the defendants must show:-The certificate of indebtedness was not issued in accordance with the express provisions of the contract. An instances of non-compliance would be when the certificate of indebtedness was not signed by an officer of the plaintiff as stated in the contract; or-There is a manifest error in respect of the amounts stated on the certificate of indebtedness; or-There is fraud

Practice Areas

summary judgment application-Guarantee-In an Order 14 application the burden of proof to show a triable issue is on the defendants-The burden of proof to show a triable issue is on the defendants. It is not enough for the defendants to make bare allegations or give a mere general denial of a debt-A court hearing an Order 14 application must take a robust approach and examine carefully to see if sufficient facts and particulars had been given by a defendant to show that there is a triable issue to justify leave to defend-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-The Certificates of Indebtedness-A certificate of indebtedness issued in accordance with the express provisions of the contract which provide that the certificate is final and conclusive of the matters stated therein is final and conclusive evidence of the amount in the absence of any manifest error on the certificate; and-The plaintiff has no further obligation to produce statements of account to prove the debt in an application for summary judgment.-To challenge a certificate of Indebtedness the defendants must show:-The certificate of indebtedness was not issued in accordance with the express provisions of the contract. An instances of non-compliance would be when the certificate of indebtedness was not signed by an officer of the plaintiff as stated in the contract; or-There is a manifest error in respect of the amounts stated on the certificate of indebtedness; or-There is fraud

Judges (1)

Leong Wai Hong Delivered

Parties (3)

AFFIN BANK BERHAD Plaintiff PCS VISION Sdn Bhd Defendant Pheng Chin Shiun Defendant

Case Significance

AFFIN BANK BERHAD v 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN is a High Court (Mahkamah Tinggi) decision dated March 9, 2025 (citation: wa-22ncc-222-04-2024). The case was decided by Leong Wai Hong.

What was the outcome of AFFIN BANK BERHAD v 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN?

AFFIN BANK BERHAD v 1. ) PCS VISION SDN. BHD. 2. ) PHENG CHIN SHIUN is a High Court decision dated March 9, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.