Yusrin Faidz Yusoff JC

Introduction

[1] Enclosure 9 pertains to the plaintiffs application for summary judgment pursuant to O 14 of the Rules of Court 2012. The plaintiff, CIMB Bank Berhad, seeks to recover outstanding sums under banking facilities extended to the first defendant, Stylo International Sdn Bhd ("D1"), with the second defendant, Nancy Yeoh Ai Suan ("D2"), as guarantor. The plaintiff contends that the defendants have defaulted in their repayment obligations, and there are no triable issues that merit a full trial. The defendants, however, opposes the application, contending that a triable issue exists and warrants further examination. The key question before this Court is whether the defendants have successfully raised a bona fide triable issue or whether the plaintiff has established a clear entitlement to summary judgment as a matter of law.

Background Facts

[2] D1 was a customer of the plaintiff bank, having sought financing for its event management business. Based on a letter of offer dated 13 November 2017 and a Facility Agreement dated 5 December 2017, the aggregate sum RM1,043,988.00 was availed, which comprises of the following facilities:

(a) Term Loan Faci