Order 14 Rule 1, Rules of Court 2012
3 cases · January 2025 to April 2025
Key Issues & Sub-Topics
Summary Judgment Application — Claim for breach of contract of the Sale Shares of a private company — Whether damages to be assessed for specific performance in addition or substitution to breach of contract — Whether Defendant raised triable issues so as to render granting Summary Judgment unjustified — Whether the Plaintiff was entitled to specific performance — Section 11(1)© of the Specific Reliefs Act 1950 — it would be just and equitable to grant Summary Judgment for specific performance of the Share Sale Agreement. 1 Summary Judgment Application for outstanding sums under a Margin Facility — Defendant’s failure to make payment of outstanding sums and to maintain the Equity Ratio prescribed under the Facility– Defendant fails to remedy the breaches — Whether there was delay and/or negligence in the forced sale of the Mortgaged Securities — The Plaintiff has absolute discretion in carrying out of the sale as provided in the terms of the Facility contractually agreed by the Defendant — the Defendant failed to demonstrate any bona fide triable issues to merit the claims to go for trial. Summary Judgment granted. 1 Summary Judgment Application — Recovery of debt under financing facility against the borrower and guarantor — Whether defendants raised triable issues to merit going for trial — admission of the Defendants means Defendants are estopped from denying their knowledge of the Charge, the Security Agreement, the Additional Letter of Offer & Additional Letter of Offer 2 — no issues have been raised concerning the authenticity of the signatures — Defendant’s denial constitutes bare denial — the proof of posting of the Notices was duly exhibited — the Certificate of Indebtedness issued by the Plaintiff constitutes conclusive evidence — No Triable issues — Summary Judgment granted. 1
Summary Judgment Application for outstanding sums under a Margin Facility — Defendant’s failure to make payment of outstanding sums and to maintain the Equity Ratio prescribed under the Facility– Defendant fails to remedy the breaches — Whether there was delay and/or negligence in the forced sale of the Mortgaged Securities — The Plaintiff has absolute discretion in carrying out of the sale as provided in the terms of the Facility contractually agreed by the Defendant — the Defendant failed to demonstrate any bona fide triable issues to merit the claims to go for trial. Summary Judgment granted. 1 case
Summary Judgment Application — Recovery of debt under financing facility against the borrower and guarantor — Whether defendants raised triable issues to merit going for trial — admission of the Defendants means Defendants are estopped from denying their knowledge of the Charge, the Security Agreement, the Additional Letter of Offer & Additional Letter of Offer 2 — no issues have been raised concerning the authenticity of the signatures — Defendant’s denial constitutes bare denial — the proof of posting of the Notices was duly exhibited — the Certificate of Indebtedness issued by the Plaintiff constitutes conclusive evidence — No Triable issues — Summary Judgment granted. 1 case
Court Distribution
Key People & Firms
Top Judges
Cases
wa-22ncc-552-08-2024
NG SOON HUAT v TEH HONG ANN
14 April 2025
MYHC
wa-22ncc-674-09-2024
MIDF AMANAH INVESTMENT BANK BERHAD v TAN SRI MUHAMMAD IKMAL OPAT BIN ABDULLAH
4 March 2025
MYHC
wa-22ncc-562-08-2024
AFFIN BANK BERHAD v 1. ) IHAA CAPITAL SDN. BHD. (Dahulunya dikenali sebagai IHAA Holding Sdn. Bhd.) 2. ) LIM PHECK JOO 3. ) GREGORY AMOS YOON PENG SUM 4. ) WAN NASIR BIN WAN MUSTAPHA PENCELAH EVERSHINE IMPEX SDN BHD
19 January 2025
MYHC