27 Apr 2023
Malaysia Building Society Berhad Shining Crest Sdn Bhd
- Citation
- BA-24FC-881-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24FC-881-08/2019 (Mahkamah Tinggi)
The appeal was dismissed because the defendant (and its directors) lacked locus standi to act for the company in contesting the auction in light of a valid appointment of a Receiver & Manager who alone could represent the company, and the applicant failed to demonstrate special circumstances to justify a stay of execution for a commercial property whose alleged undervaluation is quantifiable and remediable by damages; further delay would prejudice the plaintiff by increasing indebtedness.