Siti Norma Yaakob JCA:

[1] The axis of the dispute in these proceedings is whether Standard Chartered Bank, a foreign bank and the 1st respondent before us can, after 1 July 1994, continue to pursue matters relating to these proceedings in its name as after that date it had already sold and vested all its banking business in Malaysia to Standard Chartered Bank Malaysia Berhad, a separate legal entity incorporated locally and who we refer to as the successor bank. The 1st respondent as the predecessor bank, states it can, a contention that was upheld by the trial Judge whilst Leong Moh Sawmill Co Sdn Bhd, the appellant before us, states otherwise and to appreciate the many issues raised by them, we begin by setting out the factual background of the case.

[2] At all material times, the appellant was the registered proprietor of two separate parcels of land held under HS(D) 17288 PT 253, Mukim Batu, Wilayah Persekutuan and HS(D) 1[4833] PT 9497 also in the Mukim of Batu, Wilayah Persekutuan (collectively referred to as "the lands"). It charged the lands to the predecessor bank, then known as Chartered Bank to secure loans granted to it by the predecessor bank in 1979. The appell