Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Action in rem vs action in personam

Legal area

Court

1 Apr 2024

MALAYAN BANKING BERHAD ONG CHIN YET

Citation

BA-24FC-897-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-897-09/2023 (Mahkamah Tinggi)

The Plaintiff, as a secured creditor, validly elected under section 8(2) Insolvency Act 1967 to stand outside the Defendant's bankruptcy and to enforce its statutory remedy in rem under s256 National Land Code without naming the DGI; the DGI was served and gave no objection; there was no statutory breach, and the Order for Sale was regularly obtained and therefore not set aside.
12 Mar 2020

MOHD ARIF BIN AB RAHMAN

Citation

BA-42(Ors)-5-01/2019 (Mahkamah Tinggi)
Court

Ors
Case number

BA-42(Ors)-5-01/2019 (Mahkamah Tinggi)

Section 41 MACC Act governs in rem forfeiture and, though silent on standard, must be applied with the civil standard (balance of probabilities); the claimant bears the burden to show lawful acquisition on that standard. The respondent failed to produce a sufficient documentary money‑trail or substantive evidence connecting the seized assets to offences and relied improperly on privileged s53 statements and inconsistent IO averments. Consequently the Sessions Court forfeiture order could not stand and was set aside.