23 Dec 2024
PUBLIC BANK BERHAD 1. ) QUANTUM PETROLEUM (M) SDN BHD 2. ) MANIMARAN A/L PERIASAMY
- Citation
- BL-A52NCC-43-07/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A52NCC-43-07/2022 (Mahkamah Sesyen)
The court held that s16(1A) requires comparison of instalments actually paid against the statutory phrase 'total cash price of the goods'; the correct calculation excluded deposit and hire-purchase extras claimed by defendant, producing 59.63% (RM161,012.00/RM270,000.00) which is below 75%, therefore s16(1A) did not prohibit repossession and no court order was required; repossession and the statutory notices were valid.