3 Jul 2020
CIMB Bank Dan 1 Lagi Sido Bangun (M) Sdn Bhd Dan 5 Lagi
- Citation
- WA-22NCC-639-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-639-11/2019 (Mahkamah Tinggi)
Where a party who is a trustee has executed a valid charge containing personal covenants, the trustee is bound in personam to those covenants; Trustee Act protections do not automatically void consensual personal liability; sums secured by charge are recoverable within a 12-year limitation period under s21(1) Limitation Act 1953; accordingly there was no triable issue to resist summary judgment on amounts due up to the date of termination and the 6th Defendant's counterclaim was plain and obvious and struck out.