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COURT OF APPEAL PUTRAJAYA
HONG LEONG BANK BERHAD – Appellant
Versus
SHEIKH AHMAD MARZUKI SHEIKH YUSOF – Respondent
| Table of Content |
|---|
| 1. chronology of loan and bankruptcy events. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 2. arguments presented by the appellant. (Para 18) |
| 3. analysis on respondent's locus standi. (Para 19 , 20) |
| 4. application of res judicata principle. (Para 21) |
| 5. discussion of limitation period implications. (Para 22) |
[1] On 6 October 1995 the appellant granted two loan facilities to the borrower Rangkaian Beringin Sdn Bhd namely, an Islamic loan and a Conventional loan. The respondent was the guarantor.
[2] Upon default in the repayment of the loans, the appellant filed recovery action against the respondent and on 15 June 1999 obtained summary judgment for the sum of RM709,999.59 together with interest and costs.
[3] The respondent did not appeal against the order of 15 June 1999.
[4] As the respondent failed to pay the judgment sum, the appellant on 31 May 2011 issued a Bankruptcy Notice to the respondent. Upon the respondent committing an act of bankruptcy, the respondent proceeded to file the Creditor's Petition.
[5] On 20 December 2011, the appellant obtained the Adjudication Order and Receiving Order (AO/RO) aga
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