1. ) ELAINE GAY CHOW SONG 2. ) KWAN HUNG CHEONG 1. ) ZUNG ZANG HOLDINGS SDN BHD 2. ) WONG NYUK CHING 3. ) KWAN PHUI HA 4. ) SEBASTIAN KWAN KUAY TAT 5. ) ZUNG ZANG TRADING SDN. BHD. BUKAN PIHAK-PIHAK Suruhanjaya Syarikat Malaysia (SSM)

1. ) ELAINE GAY CHOW SONG 2. ) KWAN HUNG CHEONG 1. ) ZUNG ZANG HOLDINGS SDN BHD 2. ) WONG NYUK CHING 3. ) KWAN PHUI HA 4. ) SEBASTIAN KWAN KUAY TAT 5. ) ZUNG ZANG TRADING SDN. BHD. BUKAN PIHAK-PIHAK Suruhanjaya Syarikat Malaysia (SSM)

Because the 2nd Plaintiff was an undischarged bankrupt whose shares had vested in the Director General of Insolvency under s8(1)(b) and who failed to obtain the prior sanction required by s38(1)(a) of the Insolvency Act 1967, he lacked locus standi and all actions and applications he initiated were incompetent and...

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Citation
WA-24NCC-237-05/2025 (Mahkamah Tinggi)
Parties
Plaintiff: ELAINE GAY CHOW SONG (USA PASSPORT NO. 451404461); Plaintiff: KWAN HUNG CHEONG (NRIC NO. 630427-12-5053); Defendant: ZUNG ZANG HOLDINGS SDN BHD (COMPANY NO. 199701027151 / 442649-T); Defendant: WONG NYUK CHING (NRIC NO. 391026-12-5006); Defendant: KWAN PHUI HA (NRIC NO. 590411-12-5100); Defendant: SEBASTIAN KWAN KUAY TAT (NRIC NO. 941011-12-5031); Defendant: ZUNG ZANG TRADING SDN. BHD (COMPANY NO. 199401011641 / 297320-P) (FORMERLY KNOWN AS ZUNG ZANG WOOD PRODUCTS SDN BHD)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 February 2026
Case Number
WA-24NCC-237-05/2025 (Mahkamah Tinggi)
Procedural Posture
Originating Summons (companies Act 2016 Sections 346, 464 And/or 465) / Judgment on Interlocutory Applications and Grounds; Appeal Pending
Outcome
Enclosure 184 dismissed; Enclosure 1 struck out and dismissed; interlocutory orders discharged; liberty to refile granted to 2nd Plaintiff; costs awarded against Plaintiffs' estate.
Legal Topics
Locus Standi, Bankruptcy Vesting of Property, Sanction of Director General of Insolvency, Striking Out, Costs
Companies Law Insolvency Law Civil Procedure Locus Standi Bankruptcy Vesting of Property Sanction of Director General of Insolvency Striking Out Costs

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Parties

ELAINE GAY CHOW SONG (USA PASSPORT NO. 451404461)

Plaintiff

KWAN HUNG CHEONG (NRIC NO. 630427-12-5053)

Plaintiff

ZUNG ZANG HOLDINGS SDN BHD (COMPANY NO. 199701027151 / 442649-T)

Defendant

WONG NYUK CHING (NRIC NO. 391026-12-5006)

Defendant

KWAN PHUI HA (NRIC NO. 590411-12-5100)

Defendant

SEBASTIAN KWAN KUAY TAT (NRIC NO. 941011-12-5031)

Defendant

ZUNG ZANG TRADING SDN. BHD (COMPANY NO. 199401011641 / 297320-P) (FORMERLY KNOWN AS ZUNG ZANG WOOD PRODUCTS SDN BHD)

Defendant

Procedural Posture

Originating Summons (companies Act 2016 Sections 346, 464 And/or 465) / Judgment on Interlocutory Applications and Grounds; Appeal Pending

  1. 1 Whether an undischarged bankrupt retains possession, control and custody of shares and may commence proceedings without consent of the Director General of Insolvency
  2. 2 Whether failure to obtain prior sanction under section 38(1)(a) Insolvency Act 1967 renders proceedings incompetent
  3. 3 Whether the 2nd Plaintiff could be allowed to discontinue with liberty to refile and whether costs should be imposed against his estate

Ratio Decidendi

Because the 2nd Plaintiff was an undischarged bankrupt whose shares had vested in the Director General of Insolvency under s8(1)(b) and who failed to obtain the prior sanction required by s38(1)(a) of the Insolvency Act 1967, he lacked locus standi and all actions and applications he initiated were incompetent and null; accordingly Enclosure 1 was struck out and Enclosure 184 was dismissed, with liberty to refile but costs awarded against his estate (RM150,000 to 2nd–4th Defendants and RM20,000 to 1st Defendant, payable jointly and severally by the Plaintiffs).

Court Disposition

Enclosure 184 dismissed; Enclosure 1 struck out and dismissed; interlocutory orders discharged; liberty to refile granted to 2nd Plaintiff; costs awarded against Plaintiffs' estate.

Orders

  • Enclosure 184 dismissed
  • Enclosure 1 struck out and dismissed against all Defendants