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2015 MarsdenLR 258

HIGH COURT MALAYA KUALA LUMPUR
BANK PEMBANGUNAN MALAYSIA BERHAD – Appellant
Versus
MENSILIN HOLDINGS SDN BHD & ORS – Respondent


Table of Content
1. plaintiff's application for summary judgment. (Para 1 , 2 , 3)
2. details of the facility agreements. (Para 5 , 12 , 18)
3. arguments presented by the defendants. (Para 25 , 26)
4. court’s examination of legal principles. (Para 27 , 34)
5. conclusion ruling in favor of the plaintiff. (Para 68)
Asmabi Mohamad J:

Introduction

[1] By a Notice of Application dated 7 August 2014 ("encl 28") the applicant ("the plaintiff") sought for a summary judgment to be entered against the 1st, 2nd, 3rd and 4th respondents ("the defendants") respectively pursuant to O 14 of the Rules of 2012 ("RoC"). In its application the plaintiff prayed for the following orders:

1.1. Judgment for the sum of RM23,027,429.50 due as at 6 August 2013 under the BBA Facility;

1.2. Judgment for the sum of 5,277,260.27 due as at 6 August 2013 for the RSLS - i Facility;

1.3. Judgment for the sum of RM2,000,000.00 due as at 6 August 2013 for the RCPS - i Facility;

1.4. Late payment compensation at the rate of 1% per annum on the sum of RM22,991,845.70 from 7 August 2013 until date of full realization for the BBA Facility;

1.5. Late payment compensation at the rate of 1% per annum on the sum of RM5,000,000.00 from 7

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