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HIGH COURT MALAYA KUALA LUMPUR
ABDUL KASHAB @ ABDUL KASHAF HANAFI – Appellant
Versus
HONG LEONG BANK BERHAD – Respondent
| Table of Content |
|---|
| 1. appeal background and core facts regarding the hire purchase. (Para 1 , 2 , 3 , 4 , 5) |
| 2. overview of appellant's arguments against the initial ruling. (Para 6 , 7) |
| 3. evaluation of sale price and condition of the vehicle. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. demand validity and related legal frameworks. (Para 21 , 22 , 23 , 24 , 25 , 26) |
| 5. final ruling and conclusion of the court's findings. (Para 39) |
Mohd Nazlan Mohd Ghazali JC:
Introduction
[1] This was an appeal against the decision of the Sessions Court dated 31 July 2015 granting summary judgment in favour of the respondent (the plaintiff at the Sessions Court) for its claim for the payment of an outstanding sum of RM150,307.56 from the appellant. I dismissed the appeal on 10 March 2016. This judgment contains the full reasons for my decision.
Key Background Facts
[2] Pursuant to a Hire Purchase Agreement entered into by the respondent and the appellant dated 24 June 2009 ("the HP Agreement"), the appellant (the defendant in the Court below) agreed to hire one Mercedes Benz S350L-V221 (A) with a registration number of WSH 3131 ("the Car") at a hire purchase price of RM764,025 payable by 107 install
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