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HIGH COURT MALAYA KUALA LUMPUR
SAFEMINE MINERALS SDN BHD – Appellant
Versus
TEE JOO TEIK – Respondent
| Table of Content |
|---|
| 1. summary judgment appeal overview (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. defendant's alleged triable issue (Para 7 , 8 , 18) |
| 3. facts surrounding the loan agreement (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. burden of proof on defendant for triable issues (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court's reasoning against triable issues (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
| 6. conclusion and dismissal of appeal (Para 40) |
[Summary Judgment]
Introduction
[1] This is an appeal to me by the appellant against a Sessions Court's order granting summary judgment in favour of the respondent for the sum of RM 600,000.00 with interest and RM 3,000.00 costs.
[2] The order of the Sessions Court dated 6 June 2024 can be seen in the Record of Appeal Part A [Enclosure 3] at pp 10 - 11. The Grounds of Judgment of the Sessions Court can be seen in the Additional Record of Appeal [Enclosure 4] at pp 3 to 28.
[3] The appellant is the defendant and the respondent the plaintiff at the Sessions Court. For ease of reference, parties will be referred to as plaintiff and defendant in my Grounds.
Loan
[4] The plaintiff is the executor of the Estate of Bon
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