PEMPETISYEN LIM HENG SEAN @ EDDIE LIM 1. ) CEMERLANG UTARA SDN BHD 2. ) LAU JICK ING

PEMPETISYEN LIM HENG SEAN @ EDDIE LIM 1. ) CEMERLANG UTARA SDN BHD 2. ) LAU JICK ING

The stay application disclosed no special circumstances and was barred by res judicata; the respondent's repeated interlocutory tactics constituted an abuse of process aimed at delaying the winding-up petition; accordingly the stay application was dismissed and costs awarded.

Citation
WA-28NCC-162-02/2022 (Mahkamah Tinggi)
Parties
Petitioner: Lim Heng Sean @ Eddie Lim; First Respondent: Cemerlang Utara Sdn Bhd; Second Respondent: Lau Jick Ing
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 January 2023
Case Number
WA-28NCC-162-02/2022 (Mahkamah Tinggi)
Procedural Posture
Companies' Winding Up Petition / Interlocutory Stay Application
Outcome
Stay application dismissed
Legal Topics
Winding Up (just and Equitable), Stay of Proceedings, Res Judicata, Abuse of Process, Adduction of Fresh Evidence, Fortuna Injunction
Source Language
Malay/English
Company Law Insolvency Civil Procedure Commercial Litigation Winding Up (just and Equitable) Stay of Proceedings Res Judicata Abuse of Process +2 more

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Parties

Lim Heng Sean @ Eddie Lim

Petitioner

Cemerlang Utara Sdn Bhd

First Respondent

Lau Jick Ing

Second Respondent

Procedural Posture

Companies' Winding Up Petition / Interlocutory Stay Application

Legal Issues

  1. 1 Whether the stay application disclosed special circumstances warranting a stay
  2. 2 Whether the stay application was barred by res judicata and amounted to multiplicity of proceedings
  3. 3 Whether the conduct of the respondent constituted abuse of court process and undue delay

Ratio Decidendi

The stay application disclosed no special circumstances and was barred by res judicata; the respondent's repeated interlocutory tactics constituted an abuse of process aimed at delaying the winding-up petition; accordingly the stay application was dismissed and costs awarded.

Court Disposition

Stay application dismissed

Orders

  • Application to stay dismissed
  • Costs awarded to Petitioner in the amount of RM3,000.00