AMBANK (M) BERHAD v 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP SPECIALTY PRODUCTS SDN BHD (PENERIMA DAN PENGURUS DILANTIK)
14 cases cited
(0 SG, 14 foreign)
Catchwords
Civil Procedure — Judgment in default — Application to set aside — Judgment regularly entered — Defendant failed to file appearance within time — No complaint on regularity of judgment — Application filed beyond 30-day period — No application to abridge time — No explanation for delay — Whether mandatory time frame complied with — Whether failure to apply for extension fatal to application — Application dismissed in limine — Rules of Court 2012 O 42 r 13 Civil Procedure — Defence — No draft defence filed — No bona fide or triable defence disclosed — Defendant a surety and also liable as principal debtor — Whether liability under letter of guarantee arises independently — Whether loss of control due to receiver appointment constitutes defence — Application dismissed — Rules of Court 2012 O 19 r 9 Company Law — Receiver and manager — Appointment over defendant company — Loss of board control — Whether internal disputes between board and receiver affect plaintiff’s rights
Practice Areas
Judges (1)
Counsel (7)
Case Significance
AMBANK (M) BERHAD v 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP ... is a High Court (Mahkamah Tinggi) decision dated May 21, 2025 (citation: wa-22ncc-219-04-2024). The case was decided by Mohd Arief Emran bin Arifin.
Key issues: Company Law — Receiver and manager — Appointment over defendant company — Loss of board control — Whether internal disputes between board and receiver affect plaintiff’s rights.
What was the outcome of AMBANK (M) BERHAD v 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP ...?
AMBANK (M) BERHAD v 1. ) WRP ASIA PACIFIC SDN BHD 2. ) LEE SON HONG 3. ) WRP ... is a High Court decision dated May 21, 2025. The case was heard by Mohd Arief Emran bin Arifin. See the full judgment for details.
Statutes Cited
Rules of Court 2012
Cases Cited (14)
MY (14)
[1985] 2 MLJ 227 [1989] 1 MLJ 60 [1994] 1 CLJ 328 [1996] 1 AMR 846 [1997] 1 CLJ 396 [1998] 3 CLJ 335 [2001] 2 CLJ 140 [2003] 4 CLJ 533 [2003] 4 MLJ 647 [2003] 6 CLJ 326 [2005] 6 CLJ 479 [2012] MLJU 1528 [2013] MLJU 471 [2021] 12 MLJ 259
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncc-219-04-2024)