KWONG YIK BANK BHD vs KWAN CHEW HOLDINGS SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 MarsdenLR 1132

COURT OF APPEAL PUTRAJAYA
KWONG YIK BANK BHD – Appellant
Versus
KWAN CHEW HOLDINGS SDN BHD – Respondent

Petitioner Advocates:Leong Wai Hong,Lim Koon Huan ,Respondent Advocate: Ramdas Tikamdas

JUDGMENT

Hashim Yusoff JCA:

[1] This is an appeal against the decision of the High Court which had dismissed the appellant/plaintiff's claim against the respondent/defendant. After hearing submission from both parties we unanimously dismissed the appeal. We now give our reasons for doing so.

Background Facts

[2] On 28 December 1983 the appellant had given overdraft facilities of RM250,000 to the respondent to finance its housing project in Taman Dangi, Kuala Pilah (the "said housing project"). Subsequently the respondent defaulted in the repayment of the overdraft facility. The appellant then filed the present suit in the High Court on 5 April 1996 to recover, inter alia, the outstanding overdraft of RM1,982,816.83 which was due at 29 February 1996.

[3] On 16 September 1996 the respondent applied for an order pursuant to O. 33 r. 2 of the Rules of the High 1980 ("RHC") for the preliminary question on the issue of limitation of action of the appellant's claim, to be set down for hearing and disposed before the trial of the other questions or issues in the action. The respondent further prayed for directions to be given as to the hearing of the preliminary issue.

[4] On 15 November 1996

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2009 MarsdenLR 1132

COURT OF APPEAL PUTRAJAYAKWONG YIK BANK BHD – AppellantVersusKWAN CHEW HOLDINGS SDN BHD – Respondent

COURT OF APPEAL PUTRAJAYA
KWONG YIK BANK BHD – Appellant
Versus
KWAN CHEW HOLDINGS SDN BHD – Respondent