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2025 MarsdenLR 6502

LEE WAH BANK LTD – Appellant
Versus
CHEE KONG ELECTRICAL ENGINEERING SDN BHD & ORS – Respondent


ABDUL AZIZ J:

This is the plaintiff's appeal against the dismissal by the learned senior assistant registrar of their application for summary judgment againstthe second and third defendants (‘the defendants’).

The defendants have raised in this appeal several issues through the written submission of their solicitors.

Rateof interest

The plaintiffs’ letter of offer specified, in respect of the trust receipt facility, a rate of interest of 2 1/ 2% over their baselending rate of 10.75%. In para 4 of the letter of offer, however, the plaintiffs reserved the right to vary the rate of interest. The plaintiffs seek final judgment in the sum of RM98,164.50 in respect of the trust receipt facility, with further interest at3% above the base lending rate from 1 July 1991 until full settlement.

The defendants complain that interest claimed is excessive and ambiguous and that the exact amount of it cannot be quantified.

I do not see that theinterest is excessive.

For saying that the interest rate is ambiguous and that the amount of interest cannot be quantified, the defendants rely on Tuan Haji Ahmed Abdul Rahman v Arab-Malaysian Finance Bhd [1996] 1 MLJ 30

Limitation

The defendants raise s 6(3) of the

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