
Lawyer Muhammad Syafiq Amani Mohd Sabri, who appeared for Chan Yok Peng, said he was informed today that Halim, the poster boy for corporate Malaysia in the 1990s, had filed a notice of discontinuance.
“We will now enforce the judgment as ordered by the lower court,” Syafiq Amani told FMT after a case management before deputy registrar Hafizullah Omar @ Md Salleh.
Following an agreement by the lawyers, Chan was also awarded RM15,000 in costs.
In 2014, Halim obtained a RM3 million “friendly loan” from Chan but repaid only RM500,000 the following year through a cheque issued under Cekal Teguh Sdn Bhd, a company he owned.
Last October the Court of Appeal held that the High Court did not make any error in law and fact in declining to set aside a summary judgment made against Halim in July 2019.
“We are of the view that the appellant (Halim) failed to demonstrate that the judicial commissioner (Rohani Ismail) made any error of principle when making her decision to dismiss the setting aside of the application,” Judge S Nantha Balan said in a written judgment.
The bench also found contradictions in Halim’s defence filed on March 12 and the amended defence on July 11.
Chan obtained a summary judgment on July 12 but Halim did not appeal against that ruling.
Halim, in his amended defence, said the loan was between two companies – Tekad Mulia Sdn Bhd and Cekal Teguh Sdn Bhd – and that he was not the borrower.
However, in his defence filed on March 12, he said he had already settled the loan in full.
Rohani, in December 2019, refused Halim’s application to set aside her summary judgment.