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2015 MarsdenLR 1682

HIGH COURT MALAYA KUALA LUMPUR
RHB TRUSTEES BERHAD – Appellant
Versus
OILFAB SDN BHD & ANOR – Respondent


Petitioner Advocates:Lim Siew Ming,Loke Yuen Hong ,Respondent Advocate: Leong Kwong Wah,Norlidah Abu Bakar

Lee Swee Seng J:

[1] This is yet another problem arising out of the issuance of some bonds with no proper ring-fencing in place. In this case the bonds called Murabahah Underwritten Notes of up to RM200,000,000.00 ("MUNIF") were issued by one Straight A's Portfolio Sdn Bhd ("SAP"). They were fully subscribed by MIDF Amanah Investment Bank Berhad ("MIDF") and Bank Kerjasama Rakyat Malaysia Berhad ("Bank Rakyat") collectively called ("noteholders") equally. Under the Trust Deed that was executed by the parties, the plaintiff was appointed as the trustee of the MUNIF. The 1st defendant ("D1") and the 2nd defendant ("D2") D'Tiara Corp Sdn Bhd are not parties to the Trust Deed or any related documents prepared to secure the payments to the plaintiff as trustee.

[2] Under the Trust Deed the Issuer SAP was to open and maintain a Master Revenue Account which shall be operated solely by the plaintiff for the purpose of capturing all proceeds from invoices assigned by one Oil-Line Engineering & Associates Sdn Bhd ("OLEA") and its subsidiaries ("OLEA Group"). As usual, upon a declaration of an event of default under the Trust Deed, the plaintiff shall have the right to demand for all sums due a

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