1. ) Aseambankers Malaysia Berhad 2. ) RHB Bank Berhad 3. ) AmBank (M) Berhad 4. ) DBS Bank Ltd, Cawangan Labuan 5. ) Alliance Merchant Bank Berhad 6. ) Malayan Banking Berhad 7. ) Malaysian Industrial Development Finance Berhad 8. ) Southe

1. ) Aseambankers Malaysia Berhad 2. ) RHB Bank Berhad 3. ) AmBank (M) Berhad 4. ) DBS Bank Ltd, Cawangan Labuan 5. ) Alliance Merchant Bank Berhad 6. ) Malayan Banking Berhad 7. ) Malaysian Industrial Development Finance Berhad 8. ) Southe

Appeal dismissed because the judgment creditors failed to demonstrate cogent reasons under Order 46 ROC for not pursuing execution by the prescribed modes in Order 45 within six years; their deliberate strategy to pursue bankruptcy proceedings does not satisfy the requirement for fresh leave to execute and is fatal...

Source-derived case information.

Citation
WA-28PW-516-10/2022 (Mahkamah Tinggi)
Parties
Plaintiff: ASEAMBANKERS MALAYSIA BERHAD; Plaintiff: RHB BANK BERHAD; Plaintiff: AMBANK (M) BERHAD; Plaintiff: DBS BANK LTD, LABUAN BRANCH; Plaintiff: ALLIANCE MERCHANT BANK BERHAD; Plaintiff: MALAYAN BANKING BERHAD; Plaintiff: MALAYSIAN INDUSTRIAL DEVELOPMENT FINANCE BERHAD; Plaintiff: SOUTHERN BANK BERHAD; Plaintiff: AFFIN BANK BERHAD; Defendant: GULA PERAK BERHAD; Defendant: LIM SUE BENG
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 August 2023
Case Number
WA-28PW-516-10/2022 (Mahkamah Tinggi)
Procedural Posture
Post Judgment Execution Leave Appeal / Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed with costs
Legal Topics
Execution of Judgment, Leave Under Order 46 ROC, Section 6(3) Limitation Act 1953, Bankruptcy as Enforcement, Order 45 Execution Methods, Abuse of Process, Leave to Commence Bankruptcy (s5(3)(b) Insolvency Act)
Civil Procedure Bankruptcy/insolvency Limitation Law Commercial Law Execution of Judgment Leave Under Order 46 ROC Section 6(3) Limitation Act 1953 Bankruptcy as Enforcement +3 more

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Parties

ASEAMBANKERS MALAYSIA BERHAD

Plaintiff

RHB BANK BERHAD

Plaintiff

AMBANK (M) BERHAD

Plaintiff

DBS BANK LTD, LABUAN BRANCH

Plaintiff

ALLIANCE MERCHANT BANK BERHAD

Plaintiff

MALAYAN BANKING BERHAD

Plaintiff

MALAYSIAN INDUSTRIAL DEVELOPMENT FINANCE BERHAD

Plaintiff

SOUTHERN BANK BERHAD

Plaintiff

AFFIN BANK BERHAD

Plaintiff

GULA PERAK BERHAD

Defendant

LIM SUE BENG

Defendant

Procedural Posture

Post Judgment Execution Leave Appeal / Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether Order 46 Rule 3 ROC and related provisions satisfied for leave to execute
  2. 2 Whether execution is barred by limitation under Section 6(3) Limitation Act 1953
  3. 3 Whether fresh leave to execute can be granted multiple times

Ratio Decidendi

Appeal dismissed because the judgment creditors failed to demonstrate cogent reasons under Order 46 ROC for not pursuing execution by the prescribed modes in Order 45 within six years; their deliberate strategy to pursue bankruptcy proceedings does not satisfy the requirement for fresh leave to execute and is fatal to the application, notwithstanding findings on limitation and the court's ability to grant fresh leave.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded (to judgment debtor)