7 Apr 2023
BANK KERJASAMA RAKYAT MALAYSIA BERHAD 1. ) PERTAMA PERDAGANGAN SDN. BHD. 2. ) XXXX
- Citation
- 22A-563-2011 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22A-563-2011 (Mahkamah Tinggi)
The High Court held that the Plaintiff complied with Order 46 procedural requirements and satisfactorily explained the delay in seeking leave to execute the lapsed judgment: the Plaintiff continuously pursued enforcement and related remedies, was restrained by a Fortuna injunction and public emergency measures, and the 2014 letters were overtaken by a Consent Order and did not extinguish the JID; consequently the SAR misapplied Pacific Sanctuary and erred in dismissing the leave application. Enclosure 75 was allowed and costs were awarded to the Plaintiff.