COURT OF APPEAL , PUTRAJAYA
RHB BANK – Appellant
Versus
L & R HOLDINGS SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. appeal against injunction order. (Para 1) |
| 2. bank and customer relationship details. (Para 2 , 3) |
| 3. claims of breach and defenses outlined. (Para 4 , 5) |
| 4. assessment of serious issue and balance of convenience. (Para 6) |
| 5. decision to allow appeal and set aside injunction. (Para 7) |
| 6. clarification of procedural rules regarding appeal documentation. (Para 8 , 9 , 10 , 11 , 12) |
[1] This is an appeal by the defendant/appellant against the learned judge's order dated 10 March 2005. That order restrained the defendant from enforcing the securities pledged by the plaintiffs to the defendant, but was silent as to whether the injunction was interlocutory or permanent.
[2] The pertinent background facts were as follows. The defendant was a bank. The 1st plaintiff was a customer of the defendant. The 2nd plaintiff was the guarantor of the account of the 1st plaintiff. The bank and customer relationship commenced in 1996, with the acceptance by the 1st plaintiff of a credit facility of RM5 million from the defendant. That credit facility was later increased with the attendant provision of additional securities, which were (i) the guarantee of the 2nd plaintiff d
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