COUNSEL & SOLICITOR:
For the plaintiff – Tan Keng Teck (Rohana Ngah with him); M/s Lim Kian Leong & Co
High Court
CIVIL PROCEDURE: Summary judgment – Appeal against – Triable issues – Whether raised
CIVIL PROCEDURE: Affidavits – Contents – Exhibit A annexed to affidavit in support – Document contained Chinese handwritings – Whether clear without national language translation – Rules of the High Court 1980, O. 92 r. 1
CONTRACT: Guarantee – Letter of guarantee – Second defendant signed a letter of guarantee – Whether there was consideration for plaintiff granting loan to first defendant – Failure of first defendant to repay loan – Whether second defendant shall be made liable – Whether there was a contract in existence between parties
CIVIL PROCEDURE: Summary judgment – Appeal against – Plaintiff granting friendly loan to defendants – Failure to repay loan – Allegations of friendly loan illegal moneylending transaction – Whether substantiated – Whether plaintiff operating a moneylending business – Whether plaintiff a moneylender – Whether plaintiff rebutted presumption as set out in s. 3 Moneylenders Act 1951
CIVIL PROCEDURE: Summary judgment – Appeal against – Second defendant’s denial of signing letter of guarantee – Allegations of forgery – Failure to lodge a police report – Whether construed as bare allegations