SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v PRIMANORA MEDICAL CENTRE SDN BHD & ORS
[2019] 1 LNS 484 This is a civil action filed by the Plaintiff to recover monies due and payable under an Islamic financing facility granted to the 1st Defendant. The Plaintiff’s application for summary judgment was allowed by this court. The Plaintiff subsequently filed an application to strike out the Defendants’ counterclaim and the said application […]
KLINIK PAKAR WANITA DR NORA SDN BHD v. SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD
[2019] 1 LNS 483 This is an appeal from the Sessions Court against the decision of the learned Sessions Court Judge who allowed the Plaintiff’s application to enter summary judgment against the Defendants. Having perused the Plaintiff’s affidavit in support of its application, this court is of the view that the Plaintiff has fulfilled the […]
BANK ISLAM MALAYSIA BERHAD v TMF TRUSTEES MALAYSIA BERHAD & ORS [2019] 1 LNS 520
Plaintiff applied for an order that the proportionate amount of RM16,870,000.00 stand possessed by the 1st Defendant as the trustee pursuant to the Sukuk Ijarah MTN Facility Trust Deed in the Sinking Fund Account on the maturity date as at 6.7.2017 shall be for the sole benefit of the Plaintiff as a Sukuk holder who is entitled to the payment […]
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v KLINIK PAKAR WANITA DR NORA SDN BHD & ORS
[2018] 1 LNS 547 This case concerns an application by the Plaintiff bank for summary judgment against the Defendants. In this case, both the Facility Agreement and the Guarantee contained clauses to the effect that a statement of account signed by an officer of the Plaintiff showing the indebtedness of the 1st Defendant shall be […]
SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD v KLINIK PAKAR WANITA DR. NORA SDN BHD & ORS
[2018] 1 LNS 1423 This case concerns an application by the Plaintiff to strike out the Counterclaim of the Defendants. As submitted by the Plaintiff, that this Court had already considered all the issues raised in the Counterclaim when determining the Plaintiff’s summary judgment application. This court had found that the Defendants have not succeeded […]
HUI HOON CHUN v ANTERO HARAPAN SDN BHD & ANOR
[2018] 1 LNS 1154 (CA) Under s. 241(1) of the Companies Act 1965, the liquidator may, and shall if requested by any creditor or contributory summon separate meetings of the creditors and contributories for the purpose of determining whether or not either of them require the appointment of a committee of inspection to act with the […]
ANTERO HARAPAN SDN BHD v RESTU TEGUH SDN BHD
[2018] 6 CLJ 462 Section 78(3) of the NLC clearly states that alienation could only take place upon registration of a register document of title. This is the position notwithstanding that its alienation has been approved by the State Authority, ‘the land shall remain State land until that time’. In short, approval alone does not equate […]
SMEB ASSET MANAGEMENT SDN BHD & ANOR v PROFICIENT RESOURCES SDN BHD
[2017] 1 LNS 1152 The application to remove the private caveat is provided for under s. 327 of the National Land Code, 1965. The Letter of Acceptance did not confer an interest in the said Land to the defendant that is capable of registration. The defendant could have expended the sum as claimed in the said […]
SMEB ASSET MANAGEMENT SDN BHD v ONG CHOOK YOONG
[2017] 1 LNS 757 The Plaintiff’s action herein is for recovery of loan made by SMEDB to a TFT-R&D Sdn Bhd (“Borrower”) pursuant to a guarantee and indemnity given by the remaining Defendants. The first issue brought up by the Defendants is that it is uncertain whether the Guarantee is a guarantee or indemnity by […]
ANTERO HARAPAN SDN BHD v RESTU TEGUH SDN BHD
[2017] 6 CLJ 61 The liquidator was obliged to inform the court of his difficulty and take directions on whether to utilise the payments of advance by the petitioner and enter into a private treaty with the creditor to sell the land on the basis that this may be the only option to satisfy s. 236(1)(b) […]