MBSB BANK BERHAD v WARDAH PROPERTIES SDN BHD

wa-24mfc-189-02-2025 High Court (Mahkamah Tinggi) 8 October 2025 • WA-24MFC-189-02/2025 • 17 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Land Law – Foreclosure – Tawarruq facilities – Default – Secured lending – Legal charge – Statutory notice – Form 16D – Service – Deeming provisions – Whether Plaintiff satisfied statutory conditions precedent – Pending application to set aside default judgment in separate suit – Whether Mareva injunction affects the Plaintiff bank as third-party secured creditor – Corporate separateness – Subsidiary assets – Injunction against parent company – Whether restrains sale of charged property owned by subsidiary – Cause to the contrary – Whether Defendant established cause to the contrary – National Land Code 1965, s.254 & s.256 – Rules of Court 2012, O.2 r.3, O.28 & O.83 r.1.

Practice Areas

Land Law

Judges (1)

Yusrin Faidz bin Yusoff Delivered

Counsel (4)

Athari Firm Hisham Sobri & Kadir Firm Athari bin Bahardin Counsel Defendant Muhammad Ezwar Rusydan Bin Mohd Basir Counsel Plaintiff

Parties (2)

MBSB BANK BERHAD Applicant WARDAH PROPERTIES Sdn Bhd Respondent

Case Significance

MBSB BANK BERHAD v WARDAH PROPERTIES SDN BHD is a High Court (Mahkamah Tinggi) decision dated October 8, 2025 (citation: wa-24mfc-189-02-2025). The case was decided by Yusrin Faidz bin Yusoff.

What was the outcome of MBSB BANK BERHAD v WARDAH PROPERTIES SDN BHD?

MBSB BANK BERHAD v WARDAH PROPERTIES SDN BHD is a High Court decision dated October 8, 2025. The case was heard by Yusrin Faidz bin Yusoff. See the full judgment for details.

Statutes Cited

National Land Code (Cap 828)

Rules of Court 2012

Cases Cited (7)

UK (5)

[1897] AC 22 [1981] 1 QB 65 [1982] 1 QB 558 [2015] 1 WLR 291 [2017] 4 All ER 627

MY (2)

[1997] 2 CLJ 36 [2005] 5 MLJ 210

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-24mfc-189-02-2025)