24 Feb 2026
KONG SUN ENTERPRISE SDN BHD 1. ) BANK KERJASAMA RAKYAT MALAYSIA BERHAD 2. ) SETIAMAS SDN BHD (CJ recorded against D2 on 24 April 2025)
- Citation
- JA-22NCvC-164-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-164-11/2020 (Mahkamah Tinggi)
The consent Orders for Sale were set aside because D1 had actual knowledge that the Plaintiff was the beneficial owner and borrower (evidenced by D1's own documents and pleading), the affidavit substitution in open court acknowledged the Plaintiff as debtor while the Plaintiff was neither notified nor represented, D2 had no authority to consent as a bare trustee, the Plaintiff's statutory right under Section 266 NLC to show cause was violated, and the totality of D1's conduct constituted fraud under Section 340(2)(a) NLC; accordingly the consent orders are vitiated and set aside.