Malaysia Case Law: Decisions & Judgments

Topic

Order 83 rules of court 2012

Legal area

Court

10 Mar 2025

RHB BANK BERHAD MAT ISA BIN CHE DIR

Citation

BA-24FC-771-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-771-08/2024 (Mahkamah Tinggi)

The court found on the police report that the defendant admitted disclosing personal banking details after a call, which was the proximate cause of the scam; there was no evidence of bank negligence or complicity; the defendant failed to establish a 'cause to the contrary' under s256(3) and authority in Low Lee Lian; therefore the plaintiff's application for an order for sale was allowed and costs awarded.
16 Mar 2023

HAP SENG CREDIT SDN BHD 1. ) KEN QAYS YIK 2. ) IZAIDIN BIN MOHD RAHIM SAMSOODEEN

Citation

WA-24NCvC-2665-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2665-08/2022 (Mahkamah Tinggi)

The court held that the plaintiff, as registered chargee, had a right in rem under the National Land Code and had complied with ss.271-273 and Order 83 by obtaining default judgment, sale order and serving Form 16K; Defendant Two's claims were personal contractual/equitable rights not affecting the plaintiff's proprietary interest, were raised late and unsubstantiated, and therefore did not defeat the plaintiff's entitlement to vacant possession and ancillary relief.
13 Aug 2020

CIMB BANK BERHAD YAP WEE LEONG

Citation

WA-24FC-90-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24FC-90-01/2020 (Mahkamah Tinggi)

Plaintiff complied with statutory and procedural prerequisites (s.254 notice, requisite affidavit and exhibits under Order 83) and proved arrears; Defendant failed to produce any evidence of payment or of a contrary cause, therefore the court was satisfied to order the sale of the charged land and granted the originating summons with costs of RM3,000.

Malaysia Case Law

RHB BANK BERHAD MAT ISA BIN CHE DIR

HAP SENG CREDIT SDN BHD 1. ) KEN QAYS YIK 2. ) IZAIDIN BIN MOHD RAHIM SAMSOODEEN

CIMB BANK BERHAD YAP WEE LEONG