BEYOND HALLMARK SDN BHD (Company No.: 1099917-T) 1. CHEAH SIU HUI [personal representative of Cheah Theam Kheng (deceased)] (NRIC No.: 310131-10-5261) 2. YAHNASEGARAN S GOVINDASAMY (sued as the sole proprietor of Messrs. Yahna S.G) (NRIC No

BEYOND HALLMARK SDN BHD (Company No.: 1099917-T) 1. CHEAH SIU HUI [personal representative of Cheah Theam Kheng (deceased)] (NRIC No.: 310131-10-5261) 2. YAHNASEGARAN S GOVINDASAMY (sued as the sole proprietor of Messrs. Yahna S.G) (NRIC No

Application dismissed because it was academic and an abuse of process; the 2nd Defendant proffered unreasonable and unjustified reasons for delay, failed statutory and professional record-keeping obligations, and failed to demonstrate due diligence or credible obstacles (CMCO/banking) to warrant extension of time.

Citation
WA-22NCVC-471-07/2019 (Mahkamah Tinggi)
Parties
Plaintiff: Beyond Hallmark Sdn Bhd; 1st Defendant (personal Representative): Cheah Siu Hui (personal representative of Cheah Theam Kheng, deceased); 2nd Defendant: Yahnasegaran s/o Govindasamy (Messrs. Yahna S.G.); 3rd Defendant: Cheah Siu Hui
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 April 2021
Case Number
WA-22NCVC-471-07/2019 (Mahkamah Tinggi)
Procedural Posture
Writ Action (civil Tracing/ Recovery) / Interlocutory Application for Extension of Time to Comply With Injunction and Disclosure Order (enclosure 115)
Outcome
Enclosure 115 (2nd Defendant's application for extension of time) dismissed
Legal Topics
Extension of Time, Disclosure Orders, Accounting of Stakeholder Funds, Tracing of Funds, Res Judicata, Compliance With Court Orders, Record Keeping Obligations
Source Language
Malay/English
Civil Procedure Equity and Trusts Injunctions (mareva) Contract Law Company Law Tax Law Banking Law Extension of Time +6 more

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Parties

Beyond Hallmark Sdn Bhd

Plaintiff

Cheah Siu Hui (personal representative of Cheah Theam Kheng, deceased)

1st Defendant (personal Representative)

Yahnasegaran s/o Govindasamy (Messrs. Yahna S.G.)

2nd Defendant

Cheah Siu Hui

3rd Defendant

Procedural Posture

Writ Action (civil Tracing/ Recovery) / Interlocutory Application for Extension of Time to Comply With Injunction and Disclosure Order (enclosure 115)

Legal Issues

  1. 1 Whether the 2nd Defendant should be granted an extension of time to comply with the Court's injunction and disclosure order dated 10.11.2020
  2. 2 Whether the reasons advanced (lack of records, bank dormancy/closure, CMCO delays) justify an extension
  3. 3 Whether the application is academic or an abuse of process

Ratio Decidendi

Application dismissed because it was academic and an abuse of process; the 2nd Defendant proffered unreasonable and unjustified reasons for delay, failed statutory and professional record-keeping obligations, and failed to demonstrate due diligence or credible obstacles (CMCO/banking) to warrant extension of time.

Court Disposition

Enclosure 115 (2nd Defendant's application for extension of time) dismissed

Orders

  • Application Enclosure 115 dismissed with costs of RM3,000.00 to the Plaintiff subject to allocator
  • No extension of time granted to comply with paragraphs 3 and 5 of the Order dated 10.11.2020