RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ) NAVINDRAN A/L BALAKRISHNAN 4. ) SARAVANAN A/L RASARATNAM 5. ) SAHARI BIN AHMAD 6. ) PIDDIN BIN NANI
Catchwords
Civil Procedure – Judgment in default – Setting aside – Delay – Application filed 1 year 6 months out of time – Whether delay inordinate and unexplained – Test for bona fide defence – Whether defence discloses triable issue – Applicable standard where default is tactical and deliberate – Whether real prospect of success shown – Appeals from Senior Assistant Registrar to Judge in Chambers – Scope of appellate intervention – Exercise of discretion – Rules of Court 2012; o.42 r.13, o.56 r.1, Civil Procedure – Affidavit evidence – Extension of time to file further affidavit – Application filed after close of affidavit evidence and exchange of written submissions – Whether abuse of process – Whether discretion exercised correctly – Rules of Court 2012; o.3 r.5 Civil Procedure – Service – Substituted service – Order for substituted service (SS Order) – Collateral challenge in setting aside application – Whether permissible – Distinction between personal service and substituted service Insolvency Law – Undischarged bankrupt – Locus standi to prosecute legal proceedings – Setting aside application and appeal – Whether sanction of Director General of Insolvency required – Effect of stay order on bankruptcy – Whether has to be served on the Petitioning Creditor – Whether such ‘ex-parte’ stay order exist – Whether stay equates to discharge – Insolvency Act 1967; ss. 10, 11, 38(1)(a) & 97. Guarantee and Suretyship – Continuing and unconditional guarantee – Clause deeming guarantor principal debtor – Clause insulating guarantee from dealings with other securities – Whether guarantor discharged by variation of security or creditor’s dealings with other facilities – Effect of express contractual terms – Contracts Act 1950; s.88.
Practice Areas
Judges (1)
Case Significance
RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ... is a High Court (Mahkamah Tinggi) decision dated November 9, 2025 (citation: wa-22m-638-09-2022). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ...?
RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ... is a High Court decision dated November 9, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.