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HIGH COURT MALAYA SHAH ALAM
GAVIN JAYAPAL & ANOR – Appellant
Versus
SERI MUTIARA DEVELOPMENT SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. overview of applicants' claim and relevant facts. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. applicants assert validity of settlement agreement. (Para 10 , 11 , 12 , 13) |
| 3. mtb counters with priority and validity arguments. (Para 14 , 15 , 16 , 17) |
| 4. receivers outline further challenges to the application. (Para 18) |
| 5. court's analysis denies applicants' claims based on lack of consideration. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. conclusion dismissing applicants' claim and affirming debenture priority. (Para 27) |
(Enclosure 1)
Introduction
[1] This is the applicants' application for declaratory reliefs relating to their alleged entitlement to Unit 46-07 and its accessory parcels in the Kuchai East development.
[2] The 1st Applicant is a legal firm and the 2nd Applicant is his spouse.
[3] The reliefs sought include declarations that the 2nd Applicant is the legal and/or beneficial owner of the said unit, that the debenture in favour of the 2nd Respondent is null and void as regards said unit, and that the liquidators ought to treat the 2nd Applicant as a purchaser under the proposed scheme of arrangement under s 366 of the Companies Act
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