RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ) NAVINDRAN A/L BALAKRISHNAN 4. ) SARAVANAN A/L RASARATNAM 5. ) SAHARI BIN AHMAD 6. ) PIDDIN BIN NANI
Catchwords
Civil Procedure – Judgment in default – Setting aside – Delay – Application filed 1 year 6 months out of time – Whether delay inordinate and unexplained – Test for bona fide defence – Whether defence discloses triable issue – Applicable standard where default is tactical and deliberate – Whether real prospect of success shown – Appeals from Senior Assistant Registrar to Judge in Chambers – Scope of appellate intervention – Exercise of discretion – Rules of Court 2012; o.42 r.13, o.56 r.1, Civil Procedure – Affidavit evidence – Extension of time to file further affidavit – Application filed after close of affidavit evidence and exchange of written submissions – Whether abuse of process – Whether discretion exercised correctly – Rules of Court 2012; o.3 r.5 Civil Procedure – Service – Substituted service – Order for substituted service (SS Order) – Collateral challenge in setting aside application – Whether permissible – Distinction between personal service and substituted service Insolvency Law – Undischarged bankrupt – Locus standi to prosecute legal proceedings – Setting aside application and appeal – Whether sanction of Director General of Insolvency required – Effect of stay order on bankruptcy – Whether has to be served on the Petitioning Creditor – Whether such ‘ex-parte’ stay order exist – Whether stay equates to discharge – Insolvency Act 1967; ss. 10, 11, 38(1)(a) & 97. Guarantee and Suretyship – Continuing and unconditional guarantee – Clause deeming guarantor principal debtor – Clause insulating guarantee from dealings with other securities – Whether guarantor discharged by variation of security or creditor’s dealings with other facilities – Effect of express contractual terms – Contracts Act 1950; s.88.
Practice Areas
Judges (1)
Case Significance
RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ... is a High Court (Mahkamah Tinggi) decision dated November 9, 2025 (citation: wa-22m-638-09-2022). The case was decided by Yusrin Faidz bin Yusoff.
What was the outcome of RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ...?
RHB ISLAMIC BANK BERHAD v 1. ) MEGAGREEN ENERGY SDN BHD 2. ) BION SDN BHD 3. ... is a High Court decision dated November 9, 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 eJudgmentSource: eJudgment (wa-22m-638-09-2022)