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2025 MarsdenLR 2878

HIGH COURT MALAYA PENANG
AFFIN BANK BERHAD – Appellant
Versus
COPRA MILL LEISURE WORLD SDN BHD & ORS – Respondent


Petitioner Advocates:Venukumar Sivasamy ,Respondent Advocate: Fatimatuz Zahra Suhaimi

Table of Content
1. plaintiff seeks recovery of loan amount. (Para 1 , 4 , 5 , 8 , 9)
2. principles governing summary judgment. (Para 14 , 15)
3. arguments of defendants considered unarguable. (Para 23 , 24 , 25 , 26 , 34)
4. certificate of indebtedness as conclusive evidence. (Para 41 , 42 , 43 , 44)
Quay Chew Soon J:

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 11 December 2024 in Enclosure 11 for summary judgment against the Defendants. Enclosure 11 is made under O 14 of the Rules of Court 2012.

[3] On 11 March 2025, I allowed encl 11 and entered summary judgment against the Defendants. It is my finding that the Defendants do not have a valid defence against the Bank's claim, let alone any triable issue. I am satisfied that this is a plain and obvious case where summary judgment ought to be granted. Her

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