HIGH COURT MALAYA KUALA LUMPUR
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD – Appellant
Versus
WIDAD BUSINESS GROUP SDN BHD – Respondent
| Table of Content |
|---|
| 1. court allowed plaintiff's summary judgment. (Para 1) |
| 2. summary judgment application procedural overview. (Para 5 , 8) |
| 3. preconditions for granting summary judgment. (Para 10 , 11 , 12) |
| 4. strict compliance necessary for summary judgment. (Para 13 , 14) |
| 5. burden of proof shifts to defendant after prima facie case. (Para 15 , 16 , 19) |
| 6. defendant bound by terms of corporate guarantee. (Para 22 , 23 , 24 , 25 , 30) |
| 7. notice of demand deemed served. (Para 34 , 35 , 36) |
| 8. certificate of indebtedness as conclusive evidence. (Para 40 , 41 , 44) |
Introduction
[1] This is an application by Small Medium Enterprise Development Bank Malaysia Berhad ('plaintiff'), for summary judgment against Widad Business Group Sdn Bhd ('defendant'), under O 14 of the Rules of Court 2012 ("the Rules"). The plaintiffs claim arises from a Corporate Guarantee executed by the defendant in relation to a financing facility granted to Esprit One Development Sdn Bhd ("customer"). The principal question before this Court is whether the defendant has successfully established the existence of a bona fide triable issue or whether the plaintiff has demonstrated an entitlement to summa
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.