Malaysia Case Law: Decisions & Judgments

Topic

Auction of charged property

Legal area

Court

13 May 2025

RHB Bank Berhad 1. ) Mohd Radzman bin Ilyas 2. ) Roslaini binti Abdul Rahman @ Husni

Citation

TA-B52-09-09/2017 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B52-09-09/2017 (Mahkamah Sesyen)

The application for leave to issue a writ of execution was dismissed because the plaintiff failed to provide satisfactory reasons for the delay in enforcing the 2017 judgment, failed to maintain accurate and segregated accounts vis-à-vis a bankrupt co-borrower, conducted significant steps only after the six-year period expired, and thereby prejudiced the defendants; exercise of discretion was not warranted.
12 Dec 2023

STANDARD CHARTERED BANK MALAYSIA BERHAD XXXX

Citation

WA-22NCC-418-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-418-07/2019 (Mahkamah Tinggi)

The defendant's application was dismissed as it was filed out of the mandatory 30-day period, service of process was regular under the security documents and no affidavit demonstrated a meritorious defence; the court nonetheless amended the judgment sum to RM864,718.81 to reflect actual sums due after sale proceeds and deductions.
7 Feb 2020

SOBEHAH BINTI CHE WAN BANK PERTANIAN MALAYSIA BERHAD

Citation

WA-24NCVC-580-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCVC-580-03/2019 (Mahkamah Tinggi)

Plaintiff failed to prove fraudulent, mala fide or grossly negligent conduct by the defendant in conducting the auction; contemporaneous correspondence and court directions show the plaintiff was aware of the auction/reserve price and failed to comply with defendant's repayment terms, valuation evidence relied on by plaintiff was inferior and did not address negative features noted by defendant's valuer; therefore the amended originating summons (Enclosure 21) is dismissed.
6 Dec 2019

OCBC BANK (MALAYSIA) BERHAD Sritharan Naidu a/l Sundara Rajoo

Citation

AB-22NCVC-14-10/2018 (Mahkamah Tinggi)
Court

High Court
Case number

AB-22NCVC-14-10/2018 (Mahkamah Tinggi)

On the balance of probabilities the defendant rebutted the presumption of receipt because postal confirmations did not positively establish delivery and circumstances indicated interruption of the usual course of post; therefore deemed service under the facility agreement was displaced and the default judgment was irregularly obtained and must be set aside to allow the defendant his day in court.

Malaysia Case Law

RHB Bank Berhad 1. ) Mohd Radzman bin Ilyas 2. ) Roslaini binti Abdul Rahman @ Husni

STANDARD CHARTERED BANK MALAYSIA BERHAD XXXX

SOBEHAH BINTI CHE WAN BANK PERTANIAN MALAYSIA BERHAD

OCBC BANK (MALAYSIA) BERHAD Sritharan Naidu a/l Sundara Rajoo