Tan Lip Gay for the Applicant / 9th Respondent Messrs Leong, Ng & Tan Nimalan Devaraja for the Petitioner / Respondent in the Application Messrs Skrine

Tan Lip Gay for the Applicant / 9th Respondent Messrs Leong, Ng & Tan Nimalan Devaraja for the Petitioner / Respondent in the Application Messrs Skrine

The Application is dismissed because it is res judicata and an abuse of process: the identical issue was previously decided (23.8.2016), the Applicant offered no satisfactory explanation for an inordinate delay in filing, the 11.8.2011 and 30.10.2012 orders are final and binding, the court is functus officio and relief cannot be granted; costs awarded RM3,000.

Citation
ORIGINATING PETITION NO. D4-26-2 -1998 (Mahkamah Tinggi)
Parties
Petitioner: Edmund Charles Liebenberg; 1st Respondent: ICB-GRIFFIN MANUFACTURING (Company No. 404625) (formerly known as ASTRAL-JOY SDN BHD); 2nd Respondent: INSTAGREEN CORPORATION BERHAD (Company No. 109030-T); 3rd Respondent: ICB MACHINERIES SDN BHD (Company No. 396433-H); 4th Respondent: Leong Lean Pong; 5th Respondent: Tai Kok Wah; 6th Respondent: Yip Yee Foo; 7th Respondent: Lim Seng Chye; 8th Respondent: Lau Goon Siu; 9th Respondent / Applicant: Koay Seng Lee; 10th Respondent: Tan Eam Thong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 July 2020
Case Number
ORIGINATING PETITION NO. D4-26-2 -1998 (Mahkamah Tinggi)
Procedural Posture
Originating Petition Under Companies Act 2016 (s.181) / Notice of Application Dated 13.8.2019 to Set Aside High Court Orders (11.8.2011 and 30.10.2012)
Outcome
Application dismissed (res judicata; inordinate delay; abuse of court process)
Legal Topics
Section 181 Companies Act 2016, Order 46 Rule 1 Rules of Court 2012, Order 46 Rule 1 High Court Rules 1980, Res Judicata, Functus Officio, Setting Aside Orders, Contempt and Fines
Source Language
Malay/English
Company Law Civil Procedure Contempt of Court Section 181 Companies Act 2016 Order 46 Rule 1 Rules of Court 2012 Order 46 Rule 1 High Court Rules 1980 Res Judicata Functus Officio +2 more

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Parties

Edmund Charles Liebenberg

Petitioner

ICB-GRIFFIN MANUFACTURING (Company No. 404625) (formerly known as ASTRAL-JOY SDN BHD)

1st Respondent

INSTAGREEN CORPORATION BERHAD (Company No. 109030-T)

2nd Respondent

ICB MACHINERIES SDN BHD (Company No. 396433-H)

3rd Respondent

Leong Lean Pong

4th Respondent

Tai Kok Wah

5th Respondent

Yip Yee Foo

6th Respondent

Lim Seng Chye

7th Respondent

Lau Goon Siu

8th Respondent

Koay Seng Lee

9th Respondent / Applicant

Tan Eam Thong

10th Respondent

Procedural Posture

Originating Petition Under Companies Act 2016 (s.181) / Notice of Application Dated 13.8.2019 to Set Aside High Court Orders (11.8.2011 and 30.10.2012)

Legal Issues

  1. 1 Whether the 11.8.2011 and 30.10.2012 orders are nullities for failure to obtain leave under Order 46 r1
  2. 2 Whether the Application is time‑barred or barred by inordinate delay
  3. 3 Whether the matter is res judicata and/or the court is functus officio due to prior disposal (23.8.2016)

Ratio Decidendi

The Application is dismissed because it is res judicata and an abuse of process: the identical issue was previously decided (23.8.2016), the Applicant offered no satisfactory explanation for an inordinate delay in filing, the 11.8.2011 and 30.10.2012 orders are final and binding, the court is functus officio and relief cannot be granted; costs awarded RM3,000.

Court Disposition

Application dismissed (res judicata; inordinate delay; abuse of court process)

Orders

  • Application dismissed with costs of RM3,000.