HIGH COURT MALAYA KUALA LUMPUR
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Appellant
Versus
MDSA DEVELOPMENT SDN BHD & ORS – Respondent
Introduction
[1] This matter arises from the plaintiffs application in encl 30 made pursuant to O 14 r 1 of the Rules of Court 2012 ("the Rules"). The plaintiff alleges that the first defendant ("D1") has failed to fulfill its repayment obligations under a banking facility, while the second and third defendants ("D2" and "D3") are sued in their capacity as guarantors of D1's contractual performance. The plaintiff contends that this is a clear-cut case warranting immediate adjudication without trial, asserting an absence of genuine disputes necessitating further scrutiny. In opposition, the defendants vigorously contest the application, maintaining that substantive factual and legal complexities exist, which merit full exploration through trial proceedings. At the heart of this Court's inquiry lies a critical determination: whether the defendants have sufficiently demonstrated the presence of a bona fide triable issue that would preclude summary adjudication or, conversely, whether the plaintiff has established an unequivocal legal entitlement to judgment under the stringent standards of O 14.
Background Facts
[2] D1, a client of the plaintiff bank, sough
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