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2018 MarsdenLR 1100

FEDERAL COURT PUTRAJAYA
GULA PERAK BERHAD – Appellant
Versus
DATUK LIM SUE BENG & OTHER APPEALS – Respondent


[1] These are six appeals heard together before us. The appeals are as follows:

(i) two appeals vide Civil Appeal No: 02(f)-45-06-2017(B) and Civil Appeal No: 02 (f)-46-05-2017(B) where the appellant in both appeals is Gula Perak Berhad (Gula Perak); and the respondents respectively are Datuk Lim Sue Bing (Datuk Lim) and Yakin Tenggara Sdn Bhd (Yakin Tenggara) - (Gula Perak Appeals);

(ii) two appeals vide Civil Appeal No: 02(f)-59-06-2017 (B) and Civil Appeal No: 02(f)-60-06-2017(B) where the appellant in both appeals is Ambank (M) Berhad and the respondents are Datuk Lim, Gula Perak, Yakin Tenggara, Faithmont Estate Sdn Bhd (Faithmont) and RHB Bank Berhad (RHB) - (Ambank Appeals);

(iii) two appeals vide Civil Appeals No: 02(f)-61-06-2017 (b) and Civil Appeals No: 02(f)-65-06-2017(B) where the appellant in both appeals is Faithmont and the respondents are Datuk Lim and Yakin Tenggara respectively (Faithmont Appeals).

[2] In this judgment, parties will be referred to by their respective names.

Factual Background

[3] Gula Perak was incorporated on 1 October 1968 as a public limited Company by shares. It had obtained financial assistance from syndicated term loan lenders, namely - Aseambank

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