17 Feb 2020
Hong Leong Bank Berhad Tangam a/p Chonayah@Santhiran
- Citation
- JA-24FC-1065-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-24FC-1065-07/2019 (Mahkamah Tinggi)
The court held the redemption was procured using forged authorisation and related documents and was therefore tainted by fraud; under s19 and s65 of the Contracts Act the Plaintiff could treat the redemption as voidable, rescind it and restore the position by refunding the redemption sum to the redeemer and reinstating the loan; the defendant could not both allege fraud and claim the loan was extinguished (approbate and reprobate); the defendant failed to establish cause to the contrary under s256(3) NLC, therefore the court granted the order for sale.