Malaysia Case Law: Decisions & Judgments

Topic

Charge enforcement

Legal area

Court

23 Jan 2025

OSK CAPITAL SDN. BHD. LEE KAM KOAK

Citation

BA-24FC-813-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24FC-813-08/2024 (Mahkamah Tinggi)

Defendant failed to establish any cause to the contrary under s256(3); allegations of breaches of the Moneylenders Act and Regulations raise substantive issues that are inappropriate for determination in s256 proceedings and must be litigated in a separate action; accordingly the court was obliged to allow the Plaintiff's application and grant the reliefs sought in Enclosure 1.
12 Sept 2024

PUBLIC BANK BERHAD G.M.P. MASYHUR SDN. BHD.

Citation

PA-38-186-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-38-186-03/2023 (Mahkamah Tinggi)

Because the Defendant had been struck off and thereby dissolved prior to the hearing, it lacked legal personality and locus standi to pursue the appeal; no aggrieved person applied to reinstate the company under s555 within the available period before the hearing; accordingly the appeal was struck out for want of locus standi.
12 Dec 2023

MIDF AMANAH INVESTMENT BANK BERHAD VAHANA OFFSHORE (M) SDN BHD

Citation

WA-24FC-876-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24FC-876-07/2023 (Mahkamah Tinggi)

The omission to exhibit the charge was an inadvertent oversight, the defendant had actual knowledge and had itself exhibited the charge, no material prejudice was caused, and therefore the non-compliance was curable under Order 1A and Order 2 ROC; accordingly the court granted the order for sale with specified modifications.
21 Dec 2021

PUBLIC BANK BERHAD No. Syarikat: 196501000672 (6463-H) G.M.P. Masyhur Sdn Bhd No. Syarikat: 199601010618 (382967-H)

Citation

PA-24FC-176-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24FC-176-05/2020 (Mahkamah Tinggi)

The court found the Masyhur Group defaulted, the plaintiff validly declared an event of default and reverted to the existing loan facility as permitted by the Settlement Agreement, issued a valid Form 16D and satisfied conditions precedent under the NLC; interest claimed was permissible under the agreements and the statement of account was conclusive; the defendant failed to prove any cause to the contrary, therefore an order for sale was mandatory under s256/257 NLC.

Malaysia Case Law

OSK CAPITAL SDN. BHD. LEE KAM KOAK

PUBLIC BANK BERHAD G.M.P. MASYHUR SDN. BHD.

MIDF AMANAH INVESTMENT BANK BERHAD VAHANA OFFSHORE (M) SDN BHD

PUBLIC BANK BERHAD No. Syarikat: 196501000672 (6463-H) G.M.P. Masyhur Sdn Bhd No. Syarikat: 199601010618 (382967-H)