PUBLIC BANK BERHAD v JAYAENTHRAN A/L KRISHNAN

ba-38-3143-10-2024 High Court (Mahkamah Tinggi) 19 January 2025 • BA-38-3143-10/2024 • 13 min read

16 cases cited (0 SG, 16 foreign)

Catchwords

The nub of the present matter concerned an appeal by the Defendant (in Enclosure 8) against the decision of the Deputy Registrar dated 27 November, 2024, granting an order in terms to the Plaintiff’s application in Enclosure 1, which was an application by the Plaintiff for Directions subsequent to an Order for Sale dated 8 May, 2018. The Defendant took issue solely with the Deputy Registrar’s determination of the reserve price. The Defendant argued that the Deputy Registrar had erred in setting the reserve price and further claimed that he was denied the right to be heard during the hearing where the reserve price was decided. This Court heard submissions from both parties on two occasions—5 January and 20 January 2025. After considering the arguments, this Court ordered for the public auction, fixed for 21 January 2025, to proceed as ordered. Dissatisfied, the Defendant has filed an appeal against the above decision of this Court to the Court of Appeal. The following the are the grounds of this Court in dismissing the Defendant’s application.

Judges (1)

Choong Yeow Choy Delivered

Counsel (4)

Iza Ng Yeoh & Kit Firm Najiana Wan Balbir Firm Balbir Singh a/l Shingara Singh Counsel Defendant Goh Jen Nie Counsel Plaintiff

Parties (2)

PUBLIC BANK BERHAD Plaintiff Jayaenthran a/l Krishnan Defendant

Case Significance

PUBLIC BANK BERHAD v JAYAENTHRAN A/L KRISHNAN is a High Court (Mahkamah Tinggi) decision dated January 19, 2025 (citation: ba-38-3143-10-2024). The case was decided by Choong Yeow Choy.

Key issues: Dissatisfied, the Defendant has filed an appeal against the above decision of this Court to the Court of Appeal..

What was the outcome of PUBLIC BANK BERHAD v JAYAENTHRAN A/L KRISHNAN?

PUBLIC BANK BERHAD v JAYAENTHRAN A/L KRISHNAN is a High Court decision dated January 19, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Evidence Act 1950 (Cap 56)

s 73A(1)

Insolvency Act 1967 (Cap 360)

s 8

National Land Code (Cap 828)

s 259(2)(c)

Cases Cited (16)

MY (16)

[1992] 1 AMR 1 [1992] 1 MLRH 441 [1992] 2 MLJ 349 [1992] 2 MLJ 504 [1993] 5 MLRH 153 [1994] 1 AMR 369 [1994] 1 MLJ 608 [1996] 2 AMR 2473 [1996] 2 MLJ 422 [1996] 3 CLJ 9 [2009] 4 MLRH 647 [2009] MLJU 798 [2010] 1 AMR 252 [2010] 9 CLJ 55 [2020] MLJU 419 [2021] 10 MLJ 1

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-38-3143-10-2024)