26 Jan 2023
AMANAH INTERNATIONAL FINANCE SDN BHD 1. ) TAN SRI HALIM BIN SAAD 2. ) Abu Talib Bin Abdul Rahman
- Citation
- WA-22M-465-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22M-465-09/2018 (Mahkamah Tinggi)
The court held on the balance of probabilities that the 2nd tranche disbursement and the Efogen SPA were legally valid and Shariah‑compliant; the Shariah issues raised were not novel and did not require mandatory referral to the SAC; AIF proved TSH's breach of the Facility; HP was liable under the Assignment as principal debtor; Ta'widh is payable subject to SAC‑prescribed calculation.