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HIGH COURT MALAYA PULAU PINANG
NG KIM LIM HOLDINGS SDN BHD – Appellant
Versus
KHO AH SOON & ANOR – Respondent
| Table of Content |
|---|
| 1. application to set aside receiver order (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. chronology of judgment and orders (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. details of os 1163 and substitution (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. grounds for setting aside receiver order (Para 24 , 25 , 26 , 27 , 28) |
| 5. relevance of case law to d's argument (Para 29 , 30 , 31) |
| 6. reasons against setting aside receiver order (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 7. clarification of the application context (Para 43 , 44 , 45 , 46 , 47 , 48) |
| 8. consideration of justice and procedural compliance (Para 49 , 50 , 51 , 52) |
(Dismissing Application To Set Aside Order Appointing Receiver)
Prelusion
[1] This is an Application by a substitute defendant to set aside an Order that was made against the original defendant (now deceased).
[2] The plaintiff sued the original defendant. The plaintiff recorded a default judgment against the original defendant. The plaintiff obtained an Order to charge the original defendant's shares in a company. The plaintiff also obtained an Order appointing a Receiver to sell the shares, to utilise the sale proceeds to satisfy t
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