24 Mar 2023
MALAYSIA BUILDING SOCIETY BERHAD 1. ) KAMUJA BULLION RESOURCES SDN BHD 2. ) KAMUJA CORPORATION SDN BHD 3. ) SUBHI BIN HAJI BAI 4. ) NABILAH BINTI SANUSI PIHAK TERKILAN SC CORPORATE RECOVERY SDN BHD
- Citation
- BA-22NCC-116-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-116-09/2019 (Mahkamah Tinggi)
The court refused the interim injunction because the Receiver & Manager’s appointment under a valid Debenture was unchallenged and the injunction would interfere with the receiver’s duties; damages were adequate and there was inordinate delay and lack of bona fides by the applicant. The court granted summary judgment for the lender because the Certificate of Indebtedness and contractual documentation established a prima facie entitlement and the defendants failed to raise any bona fide triable issues (allegations of fraud and mismanagement were vague, unparticularised and unsupported).