Yusrin Faidz Yusoff JC:

GROUNDS OF JUDGMENT

INTRODUCTION

[1]This matter concerns two interlocutory appeals, the decisions of which were handed down on 22 May 2025, namely:

(a)Appeal No. WA-12AM-4-01/2025 - the appellant’s (“defendant”) appeal against the learned Sessions Court Judge’s (“SCJ”) decision dated 14 January 2025, which allowed the respondent’s (“plaintiff”) application for summary judgment under Enclosure 8, with costs of RM1,500.00; and

(b)Appeal No. WA-12AM-3-01/2025 - the defendant’s appeal against the learned SCJ’s decision dated 14 January 2025, which allowed the plaintiff’s application in Enclosure 7 to strike out the defendant’s counterclaim, with costs of RM1,500.00.

BACKGROUND FACTS

[2]Pureman Venture Sdn Bhd (“Pureman Venture”) was a customer of the plaintiff bank, who had applied for financing. Based on an Offer Letter dated 28 September 2018, the plaintiff granted Pureman Venture with a BizFinancing-i Commodity Murabahah facility amounting to RM500,000.00 under account No. 60070226 (“Facility”). Pursuant to a Guarantee dated 28 September 2018 (“Guarantee”), the defendant has agreed to guarantee all outstanding payments of the said Facility.

[3]The chronology of mater