Malaysia Case Law: Decisions & Judgments

Topic

Orders for sale

Legal area

Court

23 Aug 2021

PROLINK MARKETING SDN BHD AMBANK ISLAMIC BERHAD

Citation

WA-22M-417-12/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-417-12/2020 (Mahkamah Tinggi)

The plaintiff's claims were struck out because they were obviously unsustainable: the redemption letters did not demonstrate that the judgment sum was excessive as the facility agreements and Bank Negara guidance permit the bank to claim full selling price and grant Ibra' only on full early settlement; foreclosure proceedings are distinct and prior proceedings and an earlier struck out suit barred relitigation; therefore the writ was frivolous and vexatious and fit to be struck out under O.18 r.19 ROC 2012.
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.

Malaysia Case Law

PROLINK MARKETING SDN BHD AMBANK ISLAMIC BERHAD

Tan Cheong Hoor (No. K/P : 660807-02-5641) Tan Lie Ping (No. K/P : 721202-08-5648) PUBLIC BANK BERHAD (6463-H)