Garnesan & Irmohizam Advocates and Solicitors

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 […]

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) […]