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2000 MarsdenLR 1635

ABDUL HAMID MOHAMAD
BANQUE NASIONALE DE PARIS – Appellant
Versus
WUAN SWEE MAY – Respondent


Advocates:
For the plaintiff - Endrian Hii; M/s Shook Lin & Bok For the defandants - Manyit Singh; M/s V Siva & Partners

JUDGMENT

Abdul Hamid Mohamad J:

This is an application by the defendant for an order that the order of this court dated 5 January 2000 registering the judgment of the Singapore High Court dated 20 August 1999 against the defendant be set aside.

The first defendant had obtained a loan from the plaintiff bank, a bank in Singapore. The second defendant stood as guarantor for the debt. The plaintiff filed two suits in Singapore. After a full trial, judgment was given in the sum of RM1,375,666.85 with further interest and costs. Costs were taxed and reviewed and the amount awarded is equivalent to RM1,357,550.

The whole case turns on one main issue ie whether the enforcement of the judgment would be contrary to public policy in Malaysia.

Section 5 , of the Reciprocal Enforcement of Judgements Act 1958 ("REJA 1958") provides:

5(1) On an application in that behalf duly made by any party against whom a registered judgment may be enforced, the registration of the judgment -

(a) Shall be set aside if the registering court is satisfied -

...

(v) that the enforcement of the judgement would be contrary to public policy in Malaysia.

The grounds forwarded by learned counsel for the defen

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