GAIA PLAS SDN BHD v EXPORT-IMPORT BANK OF MALAYSIA BERHAD
Catchwords
Practice Areas
Judges (1)
Counsel (5)
Case Significance
GAIA PLAS SDN BHD v EXPORT-IMPORT BANK OF MALAYSIA BERHAD is a High Court (Mahkamah Tinggi) decision dated February 24, 2026 (citation: wa-24ncc-35-01-2026). <p>Gaia Plas Sdn Bhd sought a Fortuna injunction to restrain EXIM Bank from presenting a winding up petition based on a statutory notice demanding RM3,063,226.96 arising from a judgment in default of appearance. The court held that a valid and enforceable judgment precludes the debt from being considered disputed, and the pending appeal against the refusal to set aside the default judgment did not alter the validity of the judgment. Both the permanent and interim injunction applications were dis The case was decided by Elaine Yap Chin Gaik. Counsel appearing: Afifi bin Ahmad (counsel for defendant), Fatin Adriana Binti Mohd Nizam (counsel for plaintiff), Wan Muhammad Haziq Irfan bin Wan Mohd Hafizi (counsel for defendant).
Summary
Gaia Plas Sdn Bhd sought a Fortuna injunction to restrain EXIM Bank from presenting a winding up petition based on a statutory notice demanding RM3,063,226.96 arising from a judgment in default of appearance. The court held that a valid and enforceable judgment precludes the debt from being considered disputed, and the pending appeal against the refusal to set aside the default judgment did not alter the validity of the judgment. Both the permanent and interim injunction applications were dismissed.
What was the outcome of GAIA PLAS SDN BHD v EXPORT-IMPORT BANK OF MALAYSIA BERHAD?
<p>Gaia Plas Sdn Bhd sought a Fortuna injunction to restrain EXIM Bank from presenting a winding up petition based on a statutory notice demanding RM3...