1 Jan 1900
Tan Cheong Hoor (No. K/P : 660807-02-5641) Tan Lie Ping (No. K/P : 721202-08-5648) PUBLIC BANK BERHAD (6463-H)
- Citation
- A-02(NCVC)(A)-2595-12/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- A-02(NCVC)(A)-2595-12/2017 (Mahkamah Rayuan)
The appeal is dismissed because the bank, as registered chargee, was entitled to judicial sale and to consolidate accounts under contractual provisions; the plaintiffs failed to raise their substantive and procedural objections in the foreclosure proceedings and their attempt to collaterally attack perfected Orders For Sale after auction is barred by functus officio and res judicata; s 8(2A) did not invalidate the bank's claims because other non‑bankrupt guarantors remained liable and the bank had limited interest charged against the bankrupt to the bankruptcy date.