1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

Court held plaintiffs proved that Expo, its liquidators and associated solicitors deliberately concealed the prior binding judgment of Suraya Othman J and material facts in the s.555 reinstatement application, conduct which amounted to conscious and deliberate dishonesty that was material and causative of the...

Source-derived case information.

Citation
WA-22NCC-591-11/2022 (Mahkamah Tinggi)
Parties
Plaintiff: Dato Seri' Yap Seng Yew; Plaintiff: Datin Seri' Gan Li Li; Defendant: Expo Electronics Sdn Bhd; Defendant: Cekap Asia Sdn Bhd; Defendant: Abu Bakar bin Ahmad; Defendant: Syed Nagiff bin Syed Mokhtar; Defendant: Lim Litt; Defendant: Heng Ji Keng; Defendant: Suruhanjaya Syarikat Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2025
Case Number
WA-22NCC-591-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit (company/fraud) / Judgment Issued (decision)
Outcome
Judgment for Plaintiffs; Court Order dated 28-6-2018 set aside in its entirety; declaratory, restorative and monetary reliefs granted to plaintiffs
Legal Topics
Setting Aside Judgment for Fraud, Res Judicata and Abuse of Process, Section 555 Companies Act Reinstatement, Forgery of Corporate Documents, Duties of Liquidators, Exemplary Damages, Rectification of Company Register
Company Law Civil Procedure Equity and Trusts Fraud Company Restoration and Insolvency Setting Aside Judgment for Fraud Res Judicata and Abuse of Process Section 555 Companies Act Reinstatement +4 more

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Parties

Dato Seri' Yap Seng Yew

Plaintiff

Datin Seri' Gan Li Li

Plaintiff

Expo Electronics Sdn Bhd

Defendant

Cekap Asia Sdn Bhd

Defendant

Abu Bakar bin Ahmad

Defendant

Syed Nagiff bin Syed Mokhtar

Defendant

Lim Litt

Defendant

Heng Ji Keng

Defendant

Suruhanjaya Syarikat Malaysia

Defendant

Procedural Posture

Civil Suit (company/fraud) / Judgment Issued (decision)

Legal Issues

  1. 1 Whether plaintiffs are barred by res judicata/issue estoppel/abuse of process from challenging reinstatement order dated 28-6-2018
  2. 2 Whether the Originating Summons WA-24NCC-131-03/2018 and the resulting order were obtained by fraud or material non-disclosure
  3. 3 Whether signatures/resolutions relied upon to remove plaintiffs and appoint new directors/secretary were forged

Ratio Decidendi

Court held plaintiffs proved that Expo, its liquidators and associated solicitors deliberately concealed the prior binding judgment of Suraya Othman J and material facts in the s.555 reinstatement application, conduct which amounted to conscious and deliberate dishonesty that was material and causative of the reinstatement order dated 28-6-2018; forged signatures were proven; accordingly the reinstatement order was set aside, related appointments/transfers and post-reinstatement acts were declared void, plaintiffs' corporate status and registers were to be restored to pre-reinstatement state, and exemplary damages and costs were awarded against responsible defendants.

Court Disposition

Judgment for Plaintiffs; Court Order dated 28-6-2018 set aside in its entirety; declaratory, restorative and monetary reliefs granted to plaintiffs

Orders

  • Set aside and impeach the Kuala Lumpur High Court Order dated 28-6-2018 (Originating Summons No WA-24NCC-131-03/2018)
  • Set aside the appointment of Abu Bakar bin Ahmad and Syed Nagiff bin Syed Mokhtar as directors of Cekap Asia Sdn Bhd