SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 MarsdenLR 4311

HIGH COURT MALAYA KUALA LUMPUR
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Appellant
Versus
MDSA DEVELOPMENT SDN BHD & ORS – Respondent


Petitioner Advocates:Muhammad Nasim Shafie ,Respondent Advocate: Khor Poay Ying

JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This matter arises from the plaintiffs application in encl 30 made pursuant to O 14 r 1 of the Rules of 2012 ("the Rules"). The plaintiff alleges that the first defendant ("D1") has failed to fulfill its repayment obligations under a banking facility, while the second and third defendants ("D2" and "D3") are sued in their capacity as guarantors of D1's contractual performance. The plaintiff contends that this is a clear-cut case warranting immediate adjudication without trial, asserting an absence of genuine disputes necessitating further scrutiny. In opposition, the defendants vigorously contest the application, maintaining that substantive factual and legal complexities exist, which merit full exploration through trial proceedings. At the heart of this Court 's inquiry lies a critical determination: whether the defendants have sufficiently demonstrated the presence of a bona fide triable issue that would preclude summary adjudication or, conversely, whether the plaintiff has established an unequivocal legal entitlement to judgment under the stringent standards of O 14.

Background Facts

[2] D1, a client of the plaintiff bank, sought t


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top