HIGH COURT (MELAKA)
RAJA SEGARAN S KRISHNAN, JC
Alliance Bank Malaysia Bhd – Appellant
Versus
Supreme Power Auto Sdn Bhd & Ors – Respondent
GROUNDS OF DECISIONA. INTRODUCTION
[1]This is the Plaintiff’s application for summary judgment under Order 14 rule 1Rules of Court 2012
[2]The action was commenced by writ. Appearance was entered. A defence was filed. The present application was thereafter filed on the footing that the claim rests on formal banking instruments, the debt has crystallised following default, and the materials before the Court disclose no bona fide triable issue warranting a full trial.
[3]The case therefore falls within a well-settled area of commercial litigation. The Court is not concerned at this stage with the broad merits in the abstract, but with a narrower and more exact inquiry. The question is whether, upon the pleadings, affidavits and contemporaneous documents, the Defendants have shown a real defence in law or fact, or whether the objections raised remain insufficient to displace the Plaintiff’s prima facie case.
[4]Although the issues arise in a familiar banking context, the present application also requires careful consideration of three related matters of continuing doctrinal importance, namely the effect of a certificate of indebtedness, the threshold required to
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