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HIGH COURT MALAYA PENANG
AFFIN BANK BERHAD – Appellant
Versus
COSMIC SIMULATOR LEISURE SDN BHD & ORS – Respondent
| Table of Content |
|---|
| 1. recovery of debts under banking facility. (Para 1 , 4 , 5 , 6 , 9 , 10 , 14) |
| 2. summary judgment granted due to defaults. (Para 3 , 12 , 13) |
| 3. criteria for summary judgment applications. (Para 15 , 16 , 18 , 19 , 22) |
| 4. entering summary judgment and costs awarded. (Para 23) |
| 5. defendants' arguments found unarguable. (Para 24 , 25 , 35 , 38) |
| 6. certificate of indebtedness as conclusive evidence. (Para 41 , 42 , 43) |
Introduction
[1] This is a recovery action by the Plaintiff ("Bank") against the Defendants for the amounts due to the Bank in connection with a banking facility that was granted by the Bank to the 1st Defendant ("Company"). The 2nd Defendant ("D2") and the 3rd Defendant ("D3") are sued as guarantors. They had guaranteed the repayment of the banking facility granted by the Bank to the Company.
[2] The Bank filed an application dated 14 December 2024 in Enclosure 8 for summary judgment against the Defendants. Enclosure 8 is made under O 14 of the Rules of Court 2012.
[3] On 11 March 2025,1 allowed encl 8 and entered summary judgment against the Defendants. It is my finding that the Defendants do not have a valid defence against the Ban
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