MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD 3. ) ROSDI BIN ABD GHANI 4. ) SYARIZAL BIN KAMARUN ADBAR 5. ) ZULKIFFLI BIN ABDUL GHANI
Catchwords
Civil Procedure – Default judgment – Application to set aside – Whether default judgment was regularly obtained – Whether application filed out of time – Order 42 rule 13 Rules of Court 2012 – Cogent reasons for delay – Five-year delay – No explanation offered – Whether defendants demonstrated a defence on the merits with a real prospect of success – Failure to file any proposed defence – Application dismissed – Requirements to set aside – Threshold for setting aside regular judgment – Defence must have a real prospect of success and carry degree of conviction – Service – Contractual deeming provision – Service by registered post deemed received on fifth day – Validity of contractual service clause. Guarantee and Indemnity – Liability of guarantor – As principal debtor – Effect of guarantee and indemnity clause – Liability is independent and primary – Not extinguished by winding up of principal debtor – Post-winding-up interest – Section 8(2A) Insolvency Act 1967 – Freezing of interest against wound-up company does not apply to guarantor’s separate contractual obligation – Guarantor liable for interest under guarantee – Appropriation of auction proceeds – Proceeds from sale of charged asset credited to principal debtor’s account – Surplus paid to liquidator – Guarantor not entitled to direct reduction of liability from liquidation surplus – Right of guarantor lies in indemnity or proving in liquidation – Conclusive evidence clause – Statement of indebtedness as final and conclusive evidence of debt in absence of manifest error – Clause binding and enforceable.
Practice Areas
Judges (1)
Case Significance
MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ... is a High Court (Mahkamah Tinggi) decision dated January 7, 2026 (citation: ta-22m-2-01-2020). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ...?
MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ... is a High Court decision dated January 7, 2026. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.