OCBC AL-AMIN BANK BERHAD v 1. ) BRAHIM'S HOLDINGS BERHAD 2. ) FAHIM CAPITAL SDN BHD

wa-22m-1787-12-2023 High Court (Mahkamah Tinggi) 20 March 2025 • WA-22M-1787-12/2023

Catchwords

Civil Procedure – Stay of execution – Application for – Pending Counterclaim – Islamic Banking – Bank commenced action against customer and guarantor under a Term Financing-i Ijarah Muntahiah bi Al Tamlik facility – Court awarded summary judgment on partial sum and ordered remaining sum to be tried with the Counterclaim – Whether the existence of a counterclaim constitutes "special circumstances" to justify a stay of execution – Whether the principles laid down in the framework for counterclaims in summary judgment cases support granting a stay – Whether defendansts had shown factors to warrant stay of execution – Whether court should exercise its discretion in granting stay – Rules of Court 2012, O.14 r.6(1)(b), O.45 r.11, & O.92 r.4

Practice Areas

Civil Procedure

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Parties (3)

BRAHIM'S HOLDINGS BERHAD Defendant FAHIM CAPITAL Sdn Bhd Defendant OCBC AL-AMIN BANK BERHAD Plaintiff

Case Significance

OCBC AL-AMIN BANK BERHAD v 1. ) BRAHIM'S HOLDINGS BERHAD 2. ) FAHIM CAPITAL S... is a High Court (Mahkamah Tinggi) decision dated March 20, 2025 (citation: wa-22m-1787-12-2023). The case was decided by Yusrin Faidz bin Yusoff.

What was the outcome of OCBC AL-AMIN BANK BERHAD v 1. ) BRAHIM'S HOLDINGS BERHAD 2. ) FAHIM CAPITAL S...?

OCBC AL-AMIN BANK BERHAD v 1. ) BRAHIM'S HOLDINGS BERHAD 2. ) FAHIM CAPITAL S... is a High Court decision dated March 20, 2025. 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 eJudgment

Source: eJudgment (wa-22m-1787-12-2023)