9 Apr 2021
CIMB BANK BERHAD 1. MASTUS CORPORATION SDN BHD 2. LIM SIEW PHENG 3. LIM CHIN KIAT 4. DATO' TAN PIN SOON
- Citation
- BA-22NCC-7-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-7-04/2018 (Mahkamah Tinggi)
The 3rd Defendant was competent to apply without DGI sanction because the bankruptcy arose from the judgment he sought to challenge; the JID was irregular as Plaintiff failed to produce AR card proof of receipt of writ/judgment; the 3rd Defendant disclosed a prima facie defence regarding the guarantee and the obligation (if any) to realise charged securities first; absence of proof of service nullified Plaintiff's delay/laches complaint; accordingly the JID is set aside and the defendant granted leave to enter appearance.