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HIGH COURT MALAYA KUALA LUMPUR
SHU FONG YEAN – Appellant
Versus
CIMB BANK BERHAD & ANOR – Respondent
| Table of Content |
|---|
| 1. originating summons for setting aside an order for sale. (Para 1 , 9 , 10) |
| 2. plaintiff claims right to set aside based on badiaddin ruling. (Para 3 , 4 , 7) |
| 3. examination of jurisdiction issues related to the order. (Para 22 , 23 , 24) |
| 4. badiaddin case sets limited categories for action to set aside. (Para 26 , 27 , 38) |
| 5. plaintiff's explanation for delay was insufficient. (Para 40 , 41) |
| 6. examination of compliance with bankruptcy act. (Para 43 , 44 , 45) |
| 7. no non-compliance found with affidavit requirements. (Para 50 , 52 , 56) |
Introduction
[1] This is an Originating Summons filed by the Plaintiff on 28 October 2022 to set aside an Order for Sale granted by the KL High Court more than three [3] years ago on 2 July 2019. ["Order for Sale"].
[2] The acute issue brought into focus in this Originating Summons is the scope and ambit of the Federal Court decision of Badiaddin bin Mohd Mahidin v. Arab Malaysian Finance Bhd , 1997 MarsdenLR 2081 FC. ["Badiaddin"].
[3] The Plaintiff argues that Badiaddin allows her to come to Court at any time to set aside the Order for Sale without the need for an appeal, and notwithstanding the passage of time without t
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