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FEDERAL COURT PUTRAJAYA
ANDREW LEE SIEW LING – Appellant
Versus
UNITED OVERSEAS BANK (MALAYSIA) BHD – Respondent
| Table of Content |
|---|
| 1. background facts of the loan and winding up. (Para 1 , 1 , 2) |
| 2. high court findings on interest post-winding up. (Para 3) |
| 3. court of appeal's interpretation of s 8(2a). (Para 4) |
| 4. leave to appeal granted to federal court. (Para 5) |
| 5. interpretation of s 8(2a) context. (Para 6 , 7) |
| 6. arguments by appellant on s 8(2a). (Para 8 , 9 , 10) |
| 7. court's agreement with court of appeal. (Para 11 , 12) |
| 8. scope of s 8(2a) application. (Para 13 , 14) |
| 9. court's observations on the interpretation of the act (Para 16 , 19) |
[1] This is an appeal by the appellant against the decision of the Court of Appeal in allowing the respondent's appeal against the decision of the High Court entering judgment in favour of the respondent in the sum of RM1,022,134.75 being the amount due as at the date of the winding up order of a company known as Monzo (M) Sdn Bhd ("Monzo").
Background Facts
[2] The relevant background facts of this case may be summarised as follows:
(i) The respondent, a licensed bank, granted a term loan of RM1,000,000.00 ("the loan") to Monzo at the interest rate of 1.75% per annum in addition to the respondent's prevailing Base Lending Rate.
(ii) The loan was secured by a charge
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