UNITED OVERSEAS BANK (MALAYSIA) BHD v 1. ) TAN CHONG WHATT 2. ) TAN CHOR KHENG

w-02nccw-1037-06-2022 Court of Appeal (Mahkamah Rayuan) 25 August 2024 • W-02(NCC)(W)-1037-06/2022 • 20 min read
3 cases cited (0 SG, 3 foreign)

Outcome

D3’s counterclaim is dismissed; (b) costs of RM125,000.00 (subject to allocatur) against the respondent (Gerald Yeo @ Yeo Ah Khe) in Appeal 1036 as costs here and below; (c) costs of RM100,000.00 (subject to allocatur) against the respondents in Appeal 1037 as costs here and below; (d) the costs ordered by the High Court and which have been paid by UOB to the Respondents in the respective appeals are to be refunded to UOB by 26.9.2024.

Quoted verbatim from the judgment of Court of Appeal (Mahkamah Rayuan) (w-02nccw-1037-06-2022). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

whether the appellant could claim against the guarantors for the charges of accrued interest post winding-up of the Borrower - claim was not the loan sum - loan sum had been redeemed by the liquidator.

Practice Areas

Company Law

Judges (3)

Choo Kah Sing Delivered Mohd Nazlan bin Mohd Ghazali Coram S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (6)

Ringo Low & Associates Firm Skrine Firm Brandon Lim Zhung Wy Counsel Respondent Datuk Ringo Low Kim Leng Counsel Respondent Ratna Govindasamy Counsel Appellant Vijay Raj Counsel Appellant

Parties (3)

UNITED OVERSEAS BANK BHD Appellant Tan Chong Whatt Respondent Tan Chor Kheng Respondent

Statutes Cited

Bankruptcy Act 1967 (Cap 360)
Contracts Act 1950 (Cap 136)

Cases Cited (3)

MY (3)
[2013] 1 MLJ 449 [2013] 3 MLJ 1 [2015] 1 MLJ 867

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (w-02nccw-1037-06-2022)