ABDUL RAHIM ABDUL HAMID & ORS vs PERDANA MERCHANT BANKERS BHD & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 MarsdenLR 787

COURT OF APPEAL KUALA LUMPUR
ABDUL RAHIM ABDUL HAMID & ORS – Appellant
Versus
PERDANA MERCHANT BANKERS BHD & ORS – Respondent

Petitioner Advocates:Wong Kim Fatt,Gan Huey Piin ,Respondent Advocate: Wong Chee Lin

Table of Content
1. overview of consolidated civil actions concerning a syndicated loan. (Para 1 , 2 , 3 , 4 , 5)
2. court's observation on the necessity of a full trial and evaluation of conflicting evidence. (Para 6 , 7 , 12 , 14)
3. court's reasoning against the lenders' application for summary judgment. (Para 8 , 19 , 20)
4. arguments presented by both parties concerning loan disbursement. (Para 9 , 10 , 11)
5. final ruling and outcome of the appeal. (Para 23)

Mokhtar Sidin JCA:

[1] The background of this appeal may be stated briefly as follows. There are two civil actions involved. One of them is Johor Bahru Civil Suit No: 22-98-1994. It was filed in the High Court at Johor Bahru (hereinafter referred to as "the JB action"). The other is Kuala Lumpur High Court Civil Suit No: D1-22-501-1994 (hereinafter referred to as "the KL action"). These two civil actions arose from a syndicated term loan of RM20 million granted under a Facility Agreement dated 30 June 1992 by Perdana Merchant Bankers Bhd (formerly known as Intradagang Merchant Bankers (M) Berhad) and five other financial institutions which were the six lenders (hereinafter collectively referred to as "the lenders") to a company

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2000 MarsdenLR 787

COURT OF APPEAL KUALA LUMPURABDUL RAHIM ABDUL HAMID & ORS – AppellantVersusPERDANA MERCHANT BANKERS BHD & ORS – Respondent

Cases Referred (5)

COURT OF APPEAL KUALA LUMPUR
ABDUL RAHIM ABDUL HAMID & ORS – Appellant
Versus
PERDANA MERCHANT BANKERS BHD & ORS – Respondent