1. ) CHIANG EE HANG 2. ) CHIANG PEK WAN 1. ) GREEN ENHANCEMENT SDN BHD 2. ) TEY CHEE KEONG

1. ) CHIANG EE HANG 2. ) CHIANG PEK WAN 1. ) GREEN ENHANCEMENT SDN BHD 2. ) TEY CHEE KEONG

The court exercised its discretionary power under Section 8(1) to grant relief against the disability of non-registration because the plaintiffs established the default was accidental/overlooked and it would be unjust and inequitable to allow defendants to avoid repaying loans; the preliminary objection on affidavit timing was dismissed on authority; the Registrar was not required to be made a party.

Citation
JA-24NCvC-759-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff (partner, Mail Magna): Chiang Ee Hang; Plaintiff (partner, Mail Magna): Chiang Pek Wan; Defendant (company): Green Enhancement Sdn Bhd; Defendant (individual): Tey Chee Keong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
9 February 2022
Case Number
JA-24NCvC-759-12/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (section 8 Registration of Businesses Act 1956) / Hearing on Originating Summons; Judgment Granting Relief
Outcome
Application allowed.
Legal Topics
Relief Against Disability Under Section 8, Locus Standi, Registration of Business, Affidavit Timing (order 28 Rule 3 C Roc), Costs
Source Language
Malay/English
Business/commercial Law Civil Procedure Statutory Interpretation Relief Against Disability Under Section 8 Locus Standi Registration of Business Affidavit Timing (order 28 Rule 3 C Roc) Costs

Case Brief

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Parties

Chiang Ee Hang

Plaintiff (partner, Mail Magna)

Chiang Pek Wan

Plaintiff (partner, Mail Magna)

Green Enhancement Sdn Bhd

Defendant (company)

Tey Chee Keong

Defendant (individual)

Procedural Posture

Originating Summons (section 8 Registration of Businesses Act 1956) / Hearing on Originating Summons; Judgment Granting Relief

Legal Issues

  1. 1 Whether the affidavit in support was invalid because affirmed before filing the originating summons (Order 28 rule 3C)
  2. 2 Whether plaintiffs gave satisfactory reasons for failure to renew business registration
  3. 3 Whether the proper remedy was an appeal against the Registrar rather than an application under Section 8

Ratio Decidendi

The court exercised its discretionary power under Section 8(1) to grant relief against the disability of non-registration because the plaintiffs established the default was accidental/overlooked and it would be unjust and inequitable to allow defendants to avoid repaying loans; the preliminary objection on affidavit timing was dismissed on authority; the Registrar was not required to be made a party.

Court Disposition

Application allowed.

Orders

  • Plaintiffs permitted to commence legal proceedings in their own names to recover loans allegedly advanced by Mail Magna.
  • Plaintiffs to pay costs of RM4000 to the Defendants.