21 May 2021
GOMBAK IMPIANA SDN BHD SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
- Citation
- WA-24MFC-30-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24MFC-30-02/2021 (Mahkamah Tinggi)
The charge was valid and enforceable despite the secured sum exceeding actual disbursements because the secured sum represented the total repayment/sale price under the facilities and disbursement was governed by the parties' Offer Letter; plaintiff lawfully withheld disbursement of the BIS facility due to unmet conditions; Form 16D and default were sufficiently established and defendant failed to demonstrate lawful cause to the contrary and was estopped from raising these issues at this stage, entitling the plaintiff to an order for sale.