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COURT OF APPEAL PUTRAJAYA
HONG LEONG BANK BERHAD – Appellant
Versus
TEN JING ENTERPRISE SDN BHD & ORS AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. introduction of the appeals and background. (Para 1 , 2 , 3) |
| 2. issuance of freezing and seizure orders. (Para 4 , 5 , 6) |
| 3. third-party application and court's orders. (Para 8 , 9 , 10 , 11) |
| 4. plaintiff's claim against the defendants. (Para 12 , 13 , 14 , 15 , 16) |
| 5. defendant's arguments in defense. (Para 17 , 18) |
| 6. findings of the judicial commissioner. (Para 19 , 20 , 21) |
| 7. court's reasoning and interpretation of statutory provisions. (Para 22 , 24 , 25 , 26 , 27 , 28) |
| 8. finding of breach of statutory duty by the 1st defendant. (Para 64 , 65 , 67) |
| 9. dismissal of appeals by plaintiff against 2nd to 4th defendants. (Para 76 , 77 , 78) |
| 10. conclusion and orders of the court. (Para 82) |
Introduction
[1] These two (2) appeals emanate from a High Court decision dated 27 February 2023. The first appeal, ie, Appeal W-01(NCvC)(W)-143-03/2023 (Appeal 143) is an appeal by Hong Leong Bank Berhad (1st Defendant), who is dissatisfied with the whole of the decision of the learned Judicial Commissioner (JC) in making the order that the 1st Defendant is to pay a sum of RM1,270,262.15 (said sum) with interest of 5% p.a. from 10 October 2018 until full settle
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