MUHAMMAD SULHAN BIN GHAZALI v 1. ) CHANG AI NEE 2. ) CHOONG CHEE MENG

wa-22ncc-293-05-2024 High Court (Mahkamah Tinggi) 5 January 2025 • WA-22NCC-293-05/2024

Catchwords

O.14, r1 – Summary Judgment – Whether summary judgment should be entered – Court duty bound – consider the affidavits and pleadings filed – Should only be entered in a plain and obvious case. Issue – Whether the Defendant – shown a bona fide defence or any issue or question to be tried or that there ought to be any reason for the matter to be determined after trial. Burden of Proof – on the Plaintiff – to show that they have a clear and undeniable claim against the Defendant – but once Plaintiff discharged that burden - the burden moves to the Defendants – to show – there are either bona fide defences to the claim or that there are issues that require deliberation – through trial. Investment Agreement – promises made – inability to pay the promised return – Whether the investment agreement is a moneylending agreement – The Defendants have not provided any evidence that the Plaintiff was ever involved in a business of moneylending – The allegations remains a mere averment on the part of the Defendants – Maxim – equity will not permit statute to be used as an engine of fraud.

Practice Areas

Civil Procedure

Judges (1)

Mohd Arief Emran bin Arifin Delivered

Parties (3)

Chang Ai Nee Defendant Choong Chee Meng Defendant Muhammad Sulhan bin Ghazali Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-293-05-2024)