9 Aug 2022
Sayyid Shah Bin Abdullah 1. ) Adam Primus Varghese Bin Abdullah 2. ) Small Medium Enterprise Development Bank Malaysia Berhad
- Citation
- WA-24NCC-107-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCC-107-02/2022 (Mahkamah Tinggi)
The originating summons was dismissed because the plaintiff lacked locus standi to sue in his personal capacity (proper plaintiff rule and he was a guarantor who had not paid), the appointment of the receiver and manager was valid (statutory and contractual powers complied with and notice lodged), there was no proven crystallisation or trespass defect that invalidated the appointment, and no cogent evidence of damage to justify equitable declaratory relief.