DATO' CHANG JONG YU 1. ) DATO' SERI YONG TU SANG 2. ) YONG HIN SIONG 3. ) YONG EMMY 4. ) KUALA IBAI DEVELOPMENT SDN BHD 5. ) IBAI LEISURE SDN BHD 6. ) IBAI RIA SDN BHD 7. ) IBAIMAS SDN BHD 8. ) IBAI GOLF & COUNTRY CLUB BHD PIHAK TERKILAN WO

DATO' CHANG JONG YU 1. ) DATO' SERI YONG TU SANG 2. ) YONG HIN SIONG 3. ) YONG EMMY 4. ) KUALA IBAI DEVELOPMENT SDN BHD 5. ) IBAI LEISURE SDN BHD 6. ) IBAI RIA SDN BHD 7. ) IBAIMAS SDN BHD 8. ) IBAI GOLF & COUNTRY CLUB BHD PIHAK TERKILAN WO

The liquidator, having actual notice of the Consent Order, was bound to obey it; the TCA and eight SPAs were not exempt dispositions under s.472/Twelfth Schedule and required court sanction; the liquidator wilfully disobeyed the Consent Order and committed contempt; committal was therefore appropriate and he is liable to punishment.

Citation
WA-24NCC-65-02/2020 (Mahkamah Tinggi)
Parties
Plaintiff: DATO' CHANG JONG YU; 1st Defendant: DATO' SERI YONG TU SANG; 2nd Defendant: YONG HIN SIONG; 3rd Defendant: YONG EMMY; 4th Defendant: KUALA IBAI DEVELOPMENT SDN BHD; 5th Defendant: IBAI LEISURE SDN BHD; 6th Defendant: IBAI RIA SDN BHD; 7th Defendant (in Liquidation): IBAIMAS SDN BHD; 8th Defendant: IBAI GOLF & COUNTRY CLUB BHD; Proposed Contemnor / Liquidator: DATO' RAVEENDRA KUMAR A/L NATHAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 December 2025
Case Number
WA-24NCC-65-02/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons for Contempt (committal) Arising From a Consent Order / Judgment on Committal Application (grounds of Judgment)
Outcome
Enclosure 134 (committal application) allowed; Enclosure 138 (application to set aside ex parte leave) dismissed; liquidator found in contempt and sentenced.
Legal Topics
Enforceability of Consent Orders Against Liquidators, Powers of Liquidator (companies Act 2016 Ss.472, 486, Twelfth Schedule), Exempt Dispositions and Court Sanction, Committal for Contempt, Use of Alternative Remedies Vs Punitive Contempt
Source Language
Malay/English
Companies Law Insolvency / Liquidation Civil Procedure Contempt of Court Contract Law Enforceability of Consent Orders Against Liquidators Powers of Liquidator (companies Act 2016 Ss.472,486, Twelfth Schedule) Exempt Dispositions and Court Sanction +2 more

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Parties

DATO' CHANG JONG YU

Plaintiff

DATO' SERI YONG TU SANG

1st Defendant

YONG HIN SIONG

2nd Defendant

YONG EMMY

3rd Defendant

KUALA IBAI DEVELOPMENT SDN BHD

4th Defendant

IBAI LEISURE SDN BHD

5th Defendant

IBAI RIA SDN BHD

6th Defendant

IBAIMAS SDN BHD

7th Defendant (in Liquidation)

IBAI GOLF & COUNTRY CLUB BHD

8th Defendant

DATO' RAVEENDRA KUMAR A/L NATHAN

Proposed Contemnor / Liquidator

Procedural Posture

Originating Summons for Contempt (committal) Arising From a Consent Order / Judgment on Committal Application (grounds of Judgment)

Legal Issues

  1. 1 Whether the liquidator was bound to obey the pre-winding up Consent Order
  2. 2 Whether the liquidator's entry into the TCA and the 8 SPAs amounted to dispositions of company property in breach of the Consent Order
  3. 3 Whether the liquidator acted willfully with notice of the Consent Order

Ratio Decidendi

The liquidator, having actual notice of the Consent Order, was bound to obey it; the TCA and eight SPAs were not exempt dispositions under s.472/Twelfth Schedule and required court sanction; the liquidator wilfully disobeyed the Consent Order and committed contempt; committal was therefore appropriate and he is liable to punishment.

Court Disposition

Enclosure 134 (committal application) allowed; Enclosure 138 (application to set aside ex parte leave) dismissed; liquidator found in contempt and sentenced.

Orders

  • Enclosure 134 allowed
  • Enclosure 138 dismissed with costs