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Cases

AMBANK (M) BERHAD & ORS v. LIM SUE BENG
Federal Court, Putrajaya
Azahar Mohamed, Balia Yusof Wahi, Alizatul Khair Osman Khairuddin, Rohana Yusuf, Mohd Zawawi Salleh FCJJ
[Civil Appeal No: 03-1-03-2018 (W)]
15 May 2019
[2019] 4 MLRA 433

JUDGMENT

Azahar Mohamed, Rohana Yusuf, Mohd Zawawi Salleh FCJJ (Majority):

Introduction

[1] This appeal arises from the decision of the Court of Appeal allowing the respondent's appeal and reversing the order of the High Court. The Court of Appeal allowed the appellants' application and ordered that one of the judgment creditors, RHB Bank Berhad ("RHB") do cease to be a party to the bankruptcy proceedings and that consequential amendments be made to the bankruptcy notice and creditors' petition.

Background Facts

[2] The appellants and RHB collectively brought an action under Suit No: MTKL D5-22-1648-2005 ("Suit") in respect of a syndicated loan granted to Gula Perak Berhad. The respondent stood as a guarantor to that loan facility and was joined in the Suit as a defendant in that capacity.

[3] After a full trial, on 29 October 2010, a joint judgment ("Judgment") was obtained by the appellants and RHB against the respondent in the Suit.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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