14 May 2025
OCK M&E SDN BHD 1. ) SERI MUTIARA DEVELOPMENT SDN BHD 2. ) LIM TIAN HUAT 3. ) CHIANG TENG GUAN
- Citation
- BA-24NCC-130-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCC-130-11/2024 (Mahkamah Tinggi)
Claim dismissed because the subject units were conclusively charged under the Specific Debenture in favour of Malaysian Trustee Berhad who held a prior first fixed charge and had the right to be heard; plaintiff had not properly structured the proceeding (failure to name MTB and initial failure to obtain s471 leave), and the relief sought could not be granted in the absence of MTB given the priority of its security and the constraints of privity of contract.