15 Sept 2022
1. ) ZAMRI BIN IBRAHIM 2. ) MOHD HANIF BIN ABDUL RAHMAN HONG LEONG BANK BERHAD
- Citation
- RA-12ANCvC-6-03/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- RA-12ANCvC-6-03/2022 (Mahkamah Tinggi)
The court found the defendant had effectively admitted liability to the auction surplus so only quantum remained; the defendant's claim to deduct RM41,672.40 was time-barred under Limitation Act 1953 s6(1); clause 18 of the LACA terminated the agreement on completion of the sale so the bank could not rely on clause 14(c) thereafter to justify set-off; the solicitors' fees claim of RM35,360 had already been paid; accordingly the defendant had no meritorious defence and the plaintiffs' summary judgment and strike out applications should succeed.