WELLMAR ALLIANCE BERHAD (DALAM LIQUIDASI) v 1. ) CIMB BANK BERHAD 2. ) C&C CREATIVE CONSULTANCY (M) SDN. BHD. 3. ) AXCEL HEALTHCARE SDN. BHD. 4. ) POLIS DIRAJA MALAYSIA 5. ) KERAJAAN MALAYSIA
Catchwords
Introduction 1. The Plaintiff had applied under Order 17 of the Rules of Court 2012 (“the Rules”) for the directions of the Court for the release a sum of money belonging to the 1st Defendant deposited with the Plaintiff which the Plaintiff had been directed by the 4th Defendant to be paid out to the 2nd and 3rd Defendant. 2. The relevant provisions of Order 17 of the Rules applicable to this case provides as follows: 1. Entitlement to relief by way of interpleader (O. 17 r. 1) (1) Where- (a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; the person under liability or, subject to rule 2, the Sheriff may apply to the Court for relief by way of interpleader. 3. Mode of application (O. 17 r. 3) (1) An application for relief under this Order shall be made by originating summons unless made in a pending action, in which case it shall be made by a notice of application in Form 27 or 28, whichever is appropriate. (2) Subject to paragraph (3), an originating summons under this rule shall be supported by evidence that the applicant- (a) claims no interest in the subject matter in dispute other than for charges or costs; (b) does not collude with any of the claimants to that subject matter; and (c) is willing to pay or transfer that subject matter into Court or to dispose of it as the Court may direct. Conclusion 16. In the upshot the 1st Defendant’s appeal against the decision of the learned Sessions Judge is dismissed with a cost of RM10,000.
Practice Areas
Introduction 1. The Plaintiff had applied under Order 17 of the Rules of Court 2012 (“the Rules”) for the directions of the Court for the release a sum of money belonging to the 1st Defendant deposited with the Plaintiff which the Plaintiff had been directed by the 4th Defendant to be paid out to the 2nd and 3rd Defendant. 2. The relevant provisions of Order 17 of the Rules applicable to this case provides as follows: 1. Entitlement to relief by way of interpleader (O. 17 r. 1) (1) Where- (a) a person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be, sued for or in respect of that debt or money or those goods or chattels by two or more persons making adverse claims thereto; the person under liability or, subject to rule 2, the Sheriff may apply to the Court for relief by way of interpleader. 3. Mode of application (O. 17 r. 3) (1) An application for relief under this Order shall be made by originating summons unless made in a pending action, in which case it shall be made by a notice of application in Form 27 or 28, whichever is appropriate. (2) Subject to paragraph (3), an originating summons under this rule shall be supported by evidence that the applicant- (a) claims no interest in the subject matter in dispute other than for charges or costs; (b) does not collude with any of the claimants to that subject matter; and (c) is willing to pay or transfer that subject matter into Court or to dispose of it as the Court may direct. Conclusion 16. In the upshot the 1st Defendant’s appeal against the decision of the learned Sessions Judge is dismissed with a cost of RM10,000.
Judges (1)
Case Significance
WELLMAR ALLIANCE BERHAD (DALAM LIQUIDASI) v 1. ) CIMB BANK BERHAD 2. ) C&C CR... is a High Court (Mahkamah Tinggi) decision dated February 27, 2025 (citation: wa-12ancvc-166-09-2024). The case was decided by Akhtar bin Tahir.
Key issues: Introduction.
What was the outcome of WELLMAR ALLIANCE BERHAD (DALAM LIQUIDASI) v 1. ) CIMB BANK BERHAD 2. ) C&C CR...?
WELLMAR ALLIANCE BERHAD (DALAM LIQUIDASI) v 1. ) CIMB BANK BERHAD 2. ) C&C CR... is a High Court decision dated February 27, 2025. The case was heard by Akhtar bin Tahir. See the full judgment for details.