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AFFIN BANK BERHAD

Organisation 12 cases

About AFFIN BANK BERHAD

AFFIN BANK BERHAD appears as a party in 12 judgments in the MY Case Law database, spanning May 2019 to April 2025. AFFIN BANK BERHAD appeared as plaintiff in 7 cases, intervener in 2 cases, applicant in 1 case. Cases span the High Court (10), Federal Court (2).

Case areas include Summary judgment (2 cases), Bankruptcy (1 cases), Order 14 Rule 1, Rules of Court 2012 (1 cases).

How many court cases involve AFFIN BANK BERHAD?

AFFIN BANK BERHAD appears in 12 published judgments from May 2019 to April 2025. Most commonly as plaintiff (7 cases).

In which Malaysian courts has AFFIN BANK BERHAD appeared?

AFFIN BANK BERHAD has appeared across High Court (Mahkamah Tinggi) (10 cases) and Federal Court (Mahkamah Persekutuan) (2 cases), totaling 12 judgments.

Practice Areas

Summary judgment 2 summary judgment application-Guarantee-In an Order 14 application the burden of proof to show a triable issue is on the defendants-The burden of proof to show a triable issue is on the defendants. It is not enough for the defendants to make bare allegations or give a mere general denial of a debt-A court hearing an Order 14 application must take a robust approach and examine carefully to see if sufficient facts and particulars had been given by a defendant to show that there is a triable issue to justify leave to defend-If an alleged triable issue is contradicted or inconsistent with contemporaneous documents the defendant’s alleged triable issue must be rejected-The Certificates of Indebtedness-A certificate of indebtedness issued in accordance with the express provisions of the contract which provide that the certificate is final and conclusive of the matters stated therein is final and conclusive evidence of the amount in the absence of any manifest error on the certificate; and-The plaintiff has no further obligation to produce statements of account to prove the debt in an application for summary judgment.-To challenge a certificate of Indebtedness the defendants must show:-The certificate of indebtedness was not issued in accordance with the express provisions of the contract. An instances of non-compliance would be when the certificate of indebtedness was not signed by an officer of the plaintiff as stated in the contract; or-There is a manifest error in respect of the amounts stated on the certificate of indebtedness; or-There is fraud 2 Bankruptcy 1 Winding Up 1 The Applicant is a Judgment Creditor, having secured a judgment against the Respondent in 2023, thereby rendering the Defendant a Judgment Debtor. To enforce the said judgment, the Judgment Creditor initiated garnishee proceedings against the Judgment Debtor’s accounts in 18 banks, pursuant to Order 49 of the Rules of Court 2012. However, these efforts proved futile when the High Court at Shah Alam, in Suit BA-37G-104-07/2024 (“Suit 104”), declined to grant the garnishee order absolute sought by the Plaintiff. The present dispute specifically concerns the Judgment Creditor and the Sixth Garnishee. Having successfully resisted the Judgment Creditor’s application for a garnishee order absolute before the Shah Alam High Court in Suit 104, the Sixth Garnishee now faces a fresh challenge 1 Section 366 & 368 Companies Act 2016 1 Issues: (i) whether revised scheme is different and containing better particulars; (ii) whether particulars in revised scheme contains sufficient information for leave to be granted; and (iii) whether the Interveners' opposition to the application relevant to the determination whether leave ought to be granted 1 Findings: (i) revised scheme was not substantially different from previous scheme; (ii) revised scheme did not contain enough information and particulars to explain how the scheme will be executed and how funds will be raised to pay liabilities; (iii) the secured and unsecured creditors opposition to the revised scheme indicates the sentiment that will be carried to the creditors meeting and therefore the application is futile since the applicants will not be able to secure 75% votes of creditors present at the creditors' meeting. 1

Plaintiff (7)

Garnishee (1)

Intervener (2)

Petitioner (1)

Applicant (1)