AMBANK (M) BERHAD v 1. ) HIGAIN VENTURES SDN BHD 2. ) LX MODE (M) SDN BHD 3. ) ZAHARUDIN BIN ZAINOL RASHID 4. ) EDDEE DZULKARNEIN BIN ZAHARUDIN

wa-22ncc-396-06-2024 High Court (Mahkamah Tinggi) 16 April 2025 • WA-22NCC-396-06/2024

Catchwords

summary judgment application-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-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-Certificate 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-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-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-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-Certificate 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-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 (5)

AMBANK BERHAD Plaintiff HIGAIN VENTURES Sdn Bhd Defendant LX MODE Sdn Bhd Defendant Eddee Dzulkarnein bin Zaharudin Defendant Zaharudin bin Zainol Rashid Defendant

Case Significance

AMBANK (M) BERHAD v 1. ) HIGAIN VENTURES SDN BHD 2. ) LX MODE (M) SDN BHD 3. ... is a High Court (Mahkamah Tinggi) decision dated April 16, 2025 (citation: wa-22ncc-396-06-2024). The case was decided by Leong Wai Hong.

What was the outcome of AMBANK (M) BERHAD v 1. ) HIGAIN VENTURES SDN BHD 2. ) LX MODE (M) SDN BHD 3. ...?

AMBANK (M) BERHAD v 1. ) HIGAIN VENTURES SDN BHD 2. ) LX MODE (M) SDN BHD 3. ... is a High Court decision dated April 16, 2025. The case was heard by Leong Wai Hong. See the full judgment for details.