2 Oct 2024
KMC PARTNERS BERHAD 1. ) VICTOR SAW SENG KEE (PENERIMA TSA LAND SDN BHD) 2. ) SABAH DEVELOPMENT BANK BERHAD 3. ) TSA LAND SDN BHD (DALAM PENERIMAAN) (DALAM PENGGULUNGAN)
- Citation
- BA-24NCC-140-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCC-140-11/2023 (Mahkamah Tinggi)
The applicant failed to demonstrate a bona fide, serious dispute of fact requiring conversion because the applicant relied on new allegations outside its supporting affidavits, was in substance a stranger to the bank's financing as shown by contemporaneous documents, and parties are bound by their pleaded case; accordingly conversion to writ was not justified and the application was dismissed.