18 Dec 2019
CIMB BANK BHD GLOBAL ADVANCED BROADBAND SOLUTIONS (M) SDN BHD
- Citation
- WA-24FC-487-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24FC-487-05/2019 (Mahkamah Tinggi)
Plaintiff established a prima facie entitlement to an order for sale under s.256 NLC by producing executed loan and charge documents, valid service of Form 16D and a certificate of indebtedness; defendant failed to rebut with admissible affidavits from persons with personal knowledge (notably the director alleging forgery), failed to discharge the burden to prove forgery on the balance of probabilities and did not negate service; internal company disputes do not constitute a cause to the contrary. Therefore the court was bound to grant the order for sale and award costs to plaintiff.