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23 February 2024

Our Litigation Partner, Idza Hajar Ahmad Idzam, and Legal Associate, Irfan Husin Rosli, had on 16.2.2024, acted for Public Bank Berhad (“the 2nd Respondent”) and succeeded in resisting an appeal filed by the Appellant, Receiver and Manager of M101 Bukit Bintang Sdn Bhd against the Respondents (which also involved Esente Communications (M) Sdn Bhd as the 1st Respondent).


The Appellant filed an appeal against the Sessions Court decision that dismissed the Appellant’s application to set aside a garnishee order absolute. The 2nd Respondent being a Financial Institution released the amount in the garnishee order absolute. 

The Appellant argued that they are not required to disclose the debenture governing their appointment as their Notice of Appointment is conclusive proof and the Appellant has preference over the garnishee sums.

We submitted in response that the Appellant has the burden to prove that the Judgment Debtor Company has defaulted the terms and conditions of the debenture. In the absence of the debentures, their appointment and their claim of indebtedness cannot be authenticated. The Appellant cannot hold the 2nd Respondent liable for not opposing the garnishee proceedings or for releasing the garnishee sums.

The Court agreed with our submission and dismissed the Appeal with costs.

For more insights into this area of law, please contact our Litigation Partners:
P Jayasingam
Wong Keat Ching
Thavaselvi Pararajasingam
Idza Hajar Ahmad Idzam
Nan Muhammad Ridhwan Rosnan


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