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 found Expo, its liquidators (Lim Litt, Heng Ji Keng) and its solicitors deliberately concealed the prior binding judgment and material facts and that such concealment was conscious, deliberate and causative of the reinstatement order dated 28-6-2018; signatures and instruments relied on to remove plaintiffs and appoint new officers were forged; consequently the 28-6-2018 order was set aside, director and secretary appointments and share transfers were voided, company register must be rectified to pre-reinstatement status, post-reinstatement actions declared null and exemplary damages and costs awarded to plaintiffs.

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 / Judgment
Outcome
Judgment for Plaintiffs; order dated 28-6-2018 set aside and multiple declaratory and rectification orders granted
Legal Topics
Setting Aside Judgment for Fraud, Res Judicata, Abuse of Process, Forgery, Reinstatement of Struck Off Company (s.555 Companies Act), Duties of Liquidators, Exemplary Damages, Rectification of Company Register
Source Language
Malay/English
Company Law Civil Procedure Fraud Commercial Law Equity and Trusts Evidence Law Setting Aside Judgment for Fraud Res Judicata +6 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 / Judgment

Legal Issues

  1. 1 Whether plaintiffs are barred by res judicata/issue estoppel/abuse of process
  2. 2 Whether the order dated 28-6-2018 should be set aside for fraud and material non-disclosure
  3. 3 Whether certain company documents and signatures were forged and consequent reliefs

Ratio Decidendi

Court found Expo, its liquidators (Lim Litt, Heng Ji Keng) and its solicitors deliberately concealed the prior binding judgment and material facts and that such concealment was conscious, deliberate and causative of the reinstatement order dated 28-6-2018; signatures and instruments relied on to remove plaintiffs and appoint new officers were forged; consequently the 28-6-2018 order was set aside, director and secretary appointments and share transfers were voided, company register must be rectified to pre-reinstatement status, post-reinstatement actions declared null and exemplary damages and costs awarded to plaintiffs.

Court Disposition

Judgment for Plaintiffs; order dated 28-6-2018 set aside and multiple declaratory and rectification orders granted

Orders

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