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Bank Pembangunan Malaysia Berhad
Organisation 4 cases
About Bank Pembangunan Malaysia Berhad
Bank Pembangunan Malaysia Berhad appears as a party in 4 judgments in the MY Case Law database, spanning February 2025 to January 2026. Bank Pembangunan Malaysia Berhad appeared as aggrieved party in 2 cases, defendant in 1 case, judgment creditor in 1 case. Cases span the High Court (4).
How many court cases involve Bank Pembangunan Malaysia Berhad?
Bank Pembangunan Malaysia Berhad appears in 4 published judgments from February 2025 to January 2026. Most commonly as aggrieved party (2 cases).
Practice Areas
Summons for directions-the entitlement of the secured creditors to claim interest after the making of the winding-up order- whether the sum received from the Government of Malaysia forms part of the secured assets of the Financiers or is available to the general estate- whether, by operation of section 524(3)(b) CA 2016 read with section 8(2A) of the Insolvency Act 1967 (“IA 1967”) and section 4 of the Civil Law Act 1956 (“CLA 1956”), the Financiers are entitled to interest accruing after 29 August 2018- whether the Judgment Sum is subject to the security interests of the Financiers or forms part of the unencumbered assets of the Company-Section 524(3)(b) CA 2016, read together with section 8(2A) IA 1967, provides that a secured creditor who does not realise its security within the stipulated period is not entitled to interest accruing after the winding-up order- the provision does not confer a discretion on the Court-it imposes a statutory consequence- winding-up order therefore remained effective in law from 29 August 2018, notwithstanding the stay orders- It is unnecessary to determine whether there was any temporal gap between the various stay orders-even if the stays were continuous, they do not affect the operative date of the winding-up order for the purposes of section 524(3)(b)- The Financiers did not realise their security within the statutory period. Accordingly, by operation of section 524(3)(b) CA 2016 read with section 8(2A) IA 1967 and section 4 CLA 1956, interest ceased to accrue thereafter- the Judgment Sum became part of the credit balance of an assigned Project Account and therefore forms part of the secured assets of the Financiers- The Syndicated Financiers and Bank Pembangunan Malaysia Berhad, whether in its capacity as a Syndicated Financier or as Government Support Loan Financier, are not entitled to interest accruing after 29 August 2018.-the Liquidator is directed to take an account of any post-winding-up interest charged or retained after that date and to make the necessary adjustments in accordance with law-the judgment sum forms part of the secured assets subject to the security interests of the Syndicated Financiers. 1 Bankruptcy 1 Abstract and Keywords 1 Abstract 1 A guarantor sought discharge from his guarantee obligations after secured assets were stripped and devalued from RM100 million to RM1.79 million. The High Court struck out the claim, holding that the plaintiff contracted as a "primary obligor" not a surety, and therefore could not rely on sections 92 and 94 of the Contracts Act 1950 which protect only traditional sureties. The judgment reinforces that statutory protections for sureties do not extend to primary obligors who have contractually assumed direct liability.The claims were also barred by res judicata, limitation, and constituted abuse of process. 1 Keywords 1 Primary obligor, Surety, Guarantee, Striking out, Res judicata, Abuse of process, Limitation 1 Application in Enclosure 1 to be placed under Judicial Management (“JM”) pursuant to section 465 of the Companies Act 2016 (“CA 2016”). 1
Aggrieved Party (2)
ba-28pw-191-07-2024 MYHC
Dato’ Gan Ah Tee Likuidasi untuk Lingkaran Luar Butterworth (Penang) Sdn Bhd (Dalam Likuidasi) PENCELAH IJM CONSTRUCTION SDN BHD PIHAK TERKILAN 1. ) Bank Kerjasama Rakyat Malaysia Berhad 2. ) Bank Pembangunan Malaysia Berhad 3. ) CIMB Bank Berhad 4. ) Hong Leong Bank Berhad
8 January 2026
wa-28jm-17-05-2024 MYHC
GOLDEN WAVE SDN BHD PENCELAH Sabah Development Bank Berhad PIHAK TERKILAN 1. ) BANK PEMBANGUNAN MALAYSIA BERHAD 2. ) VUN CHIT KHEN 3. ) RONNIE LAI TSIN LEE 4. ) Monteiro Gerard Clair 5. ) WONG KIT LEONG
24 February 2025