MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD 3. ) ROSDI BIN ABD GHANI 4. ) SYARIZAL BIN KAMARUN ADBAR 5. ) ZULKIFFLI BIN ABDUL GHANI
Catchwords
Civil Procedure – Default judgment – Application to set aside – Whether default judgment was regularly obtained – Whether application filed out of time – Order 42 rule 13 Rules of Court 2012 – Cogent reasons for delay – Five-year delay – No explanation offered – Whether defendants demonstrated a defence on the merits with a real prospect of success – Failure to file any proposed defence – Application dismissed – Requirements to set aside – Threshold for setting aside regular judgment – Defence must have a real prospect of success and carry degree of conviction – Service – Contractual deeming provision – Service by registered post deemed received on fifth day – Validity of contractual service clause. Guarantee and Indemnity – Liability of guarantor – As principal debtor – Effect of guarantee and indemnity clause – Liability is independent and primary – Not extinguished by winding up of principal debtor – Post-winding-up interest – Section 8(2A) Insolvency Act 1967 – Freezing of interest against wound-up company does not apply to guarantor’s separate contractual obligation – Guarantor liable for interest under guarantee – Appropriation of auction proceeds – Proceeds from sale of charged asset credited to principal debtor’s account – Surplus paid to liquidator – Guarantor not entitled to direct reduction of liability from liquidation surplus – Right of guarantor lies in indemnity or proving in liquidation – Conclusive evidence clause – Statement of indebtedness as final and conclusive evidence of debt in absence of manifest error – Clause binding and enforceable.
Practice Areas
Judges (1)
Case Significance
MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ... is a High Court (Mahkamah Tinggi) decision dated January 7, 2026 (citation: ta-22m-2-01-2020). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ...?
MAYBANK ISLAMIC BERHAD v 1. ) TD POULTRY SDN BHD 2. ) VISION POULTRY SDN BHD ... is a High Court decision dated January 7, 2026. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ta-22m-2-01-2020)