NOUVAU MONT DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.

NOUVAU MONT DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.

The assignment dated 18 February 1978, read as a whole, was an absolute assignment within s.4(3) Civil Law Act 1956; therefore at the time the originating summons was filed the appellant, as assignor, had no right to maintain the action in its own name and the appeal must be dismissed.

Citation
NOUVAU MONT DOR (M) SDN. BHD. V. FABER DEVELOPMENT SDN. BHD.
Parties
Assignor / Appellant: NOUVAU MONT DOR (M) SDN. BHD.; Respondent: FABER DEVELOPMENT SDN. BHD.; Assignee / Lender: PUBLIC BANK; Developer / Predecessor in Title: TAN KIM CHUA REALTY (M) SDN. BHD.
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1984
Procedural Posture
Civil Appeal / Appeal to Federal Court From High Court (decision on Preliminary Objection)
Outcome
Appeal dismissed
Legal Topics
Assignment of Choses in Action, Absolute Assignment Vs. Charge, Right to Sue / Locus Standi, Construction of Instruments, Effect of Notice to Debtor, Strata Title Interim Assignments
Source Language
en
Property Law Contract Law Equity and Trusts Civil Procedure Banking Law Assignment of Choses in Action Absolute Assignment Vs. Charge Right to Sue / Locus Standi +3 more

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Parties

NOUVAU MONT DOR (M) SDN. BHD.

Assignor / Appellant

FABER DEVELOPMENT SDN. BHD.

Respondent

PUBLIC BANK

Assignee / Lender

TAN KIM CHUA REALTY (M) SDN. BHD.

Developer / Predecessor in Title

Procedural Posture

Civil Appeal / Appeal to Federal Court From High Court (decision on Preliminary Objection)

Legal Issues

  1. 1 Whether the assignment dated 18 February 1978 was an absolute assignment within s.4(3) of the Civil Law Act 1956 or a charge/security only
  2. 2 Whether the assignor (appellant) could maintain proceedings in its own name given the terms of the assignment
  3. 3 Whether the assignment should be read together with the loan agreement or solely from its four corners

Ratio Decidendi

The assignment dated 18 February 1978, read as a whole, was an absolute assignment within s.4(3) Civil Law Act 1956; therefore at the time the originating summons was filed the appellant, as assignor, had no right to maintain the action in its own name and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the respondent
  • Deposit of RM500 to be paid to the respondent on account of taxed costs