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.