15 Sept 2022
1. ) ZAMRI BIN IBRAHIM 2. ) MOHD HANIF BIN ABDUL RAHMAN HONG LEONG BANK BERHAD
- Citation
- RA-12ANCvC-7-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- RA-12ANCvC-7-03/2022 (Mahkamah Tinggi)
Defendant's pleadings admitted liability leaving only quantum; defendant's asserted set-off for auction costs of RM41,672.40 is time‑barred under the Limitation Act 1953 and was raised late; clause 18 of the LACA terminated the agreement on completion of the auction so clause 14(c) could not be relied upon to retain the surplus; solicitors' fees claimed had been paid; therefore defendant had no meritorious defence and the appeals by the plaintiffs succeed.