IN THE SESSIONS COURT AT KUALA LUMPUR

IN THE FEDERAL TERRITORY OF KUALA LUMPUR, MALAYSIA

SUIT NO: WA-12BNCVC-172-11 OF 2018

BETWEEN
PANG MUN CHUNG
(NRIC NO: 830808-14-2719)

PANG CHUNG HO
(NRIC NO: 650515-14-0061)

TAN SIEW MEI

(NRIC NO: 681007-14-2564) … PLAINTIFFS

AND
CHEONG HUEY CHARN
(NRIC NO: 880125-14-2096)

HONG LEONG BANK BHD

(COMPANY NO: 936931-V) … DEFENDANTS

AFFIDAVIT IN SUPPORT

I, CHEONG HUEY CHARN (NRIC NO: 880125-14-2096), a Malaysian citizen of full age,
and residing at No 11A, Lorong Titiwangsa, Titiwangsa, 53200 Kuala Lumpur and I do affirm as
follows:-

1. I am the First Defendant in this case and has also been duly authorized to write this
Affidavit In Support by the Second Defendant who is HONG LEONG BANK
BHD(COMPANY NO: 936931-V) which has its company addressed at Level 18, Menara
Hong Leong,No 6, Jalan Damanlela, Bukit Damansara, 50490 Kuala Lumpur.
2. I make this affidavit to the best of my knowledge, information and belief based on facts
known to me personally or derived solely from documents, information and records to
which I have access and in my possession.

3. This Affidavit is intended as an application to strike out the Plaintiffs’ Statement of Claim
by virtue of Order 18, Rule 19 (1)(c) and Rule 19 (1)(d) for it embarrasses the fair trial of
the action and abuses the court process.

4. I refer to Paragraph 7 of the Plaintiff’s Statement of Claim dated 1st March 2018 whereby
The Plaintiffs are well aware that Sale and Purchase Agreement dated 25th February 2014
entered into between the First Defendant and the First Plaintiff (hereinafter referred to as
“the purported Sale and Purchase Agreement”) to obtain a loan facility under the name of
the First Defendant is an arrangement to deceive the Second Defendant thus making it a
sham transaction. His attention was express between us through ‘whatsapp’ conversation.

A copy of screenshot of the whatsapp conversation is attached herein and marked as "CMC-1".

5. The First Plaintiff was alsofully aware of his status being a foreigner would not enable him
to get the loan facility and had it not been for of the purported Sale and Purchase
Agreement, the application made to the Second Defendant would not have been approved.

A copy of Sale and Purchase Agreement is attached herein and marked as "CMC-2".

6. In obtaining relief from the Court, the Plaintiffs must come with clean hands as the legal
maxim states “he who comes into equity must come with clean hands” which is not the
case in this circumstance because the Plaintiffs had intentionally engaged in the sham
transaction. If this requirement were not complied with by the Plaintiff, it clearly
embarrasses the fair trial of the action because it is trite law that the Court will not entertain
a case which involves a party to be remedied when he himself has transgressed the law.

7. On top of that, the continuance of this action would also abuse the court process as the
First Plaintiff intends to use the Court for an avenue to retrospectively revoke the right
which I possess as the legal owner of the said property after having concluded the
purported Sale and Purchase Agreement. Further, based on the Issue Document of Title
of the said land, it was clearly stated own by me.
A copy of Issue Document of Title of the stated land was herein attached and marked as “CHC-3”.
 8. Therefore, I firmly believe that if a strike out is not granted and to proceed with this case
are an embarrassment as well as an abuse to the court process as the Plaintiffs have
intended to circumvent the law and a strike out will protect the integrity of the Court.

9. As such, I humbly pray to the Honourable Court;

i. That this case will be struck out

ii. Costs of this action; and
iii. Any further and/or other relief that this Honourable Court shall deem fit and
proper to grant

To an Affidavit by two deponents ]

CHEONG HUEY CHARN ]
(NRIC NO: 880125-14-2096) ]
HONG LEONG BANK BHD ]
(COMPANY NO: 936931-V) ]
Affirmed on ] ………………………………….
At ]

Before me,

……………………..………..

Commissioner for Oath

This AFFIDAVIT IN SUPPORT is filed by Tetuan S.M Nasaruddin, Solicitors for the
Abovementioned Defendant, whose address for service is at 15-5, Jalan Mega Mendung,
Kompleks Bandar, Batu 5, Jalan Klang Lama, 58200 Kuala Lumpur
(Ref. No.: MAC/APO/NHC/201602/)