OCBC AL-AMIN BANK BERHAD v 1. ) BRAHIM'S HOLDINGS BERHAD 2. ) FAHIM CAPITAL SDN BHD

wa-22m-1787-12-2023 High Court (Mahkamah Tinggi) 20 March 2025 • WA-22M-1787-12/2023

Catchwords

Civil Procedure – Stay of execution – Application for – Pending Counterclaim – Islamic Banking – Bank commenced action against customer and guarantor under a Term Financing-i Ijarah Muntahiah bi Al Tamlik facility – Court awarded summary judgment on partial sum and ordered remaining sum to be tried with the Counterclaim – Whether the existence of a counterclaim constitutes "special circumstances" to justify a stay of execution – Whether the principles laid down in the framework for counterclaims in summary judgment cases support granting a stay – Whether defendansts had shown factors to warrant stay of execution – Whether court should exercise its discretion in granting stay – Rules of Court 2012, O.14 r.6(1)(b), O.45 r.11, & O.92 r.4

Practice Areas

Civil Procedure Islamic Banking & Finance

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Parties (3)

BRAHIM'S HOLDINGS BERHAD Defendant FAHIM CAPITAL Sdn Bhd Defendant OCBC AL-AMIN BANK BERHAD Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22m-1787-12-2023)