PUNCAK KENANGAN (M) SDN BHD 1. ) SYED SAZLEE BIN SYED HAMZAH 2. ) Suruhanjaya Syarikat Malaysia (SSM) 3. ) KHOO KIAM CHONG

PUNCAK KENANGAN (M) SDN BHD 1. ) SYED SAZLEE BIN SYED HAMZAH 2. ) Suruhanjaya Syarikat Malaysia (SSM) 3. ) KHOO KIAM CHONG

The Court held that OS 142 and the Consent Order dated 20.6.2019 were procured by conscious and deliberate concealment of material facts (fraud), were instituted pursuant to champertous arrangements that are void as contrary to public policy, and were taken in a manner excluding affected parties in breach of natural justice; accordingly the Consent Order and OS 142 are impeached and set aside in their entirety and associated declarations of illegality are granted; costs awarded on standard basis (RM100,000 per plaintiff suit and RM15,000 to SSM).

Citation
WA-22NCC-221-05/2022 (Mahkamah Tinggi)
Parties
Plaintiff (civil Suit No WA 22 NCC 221 05/2022); 4th Defendant (civil Suit No WA 22 NCC 319 07/2022): Puncak Kenangan (M) Sdn Bhd; 1st Defendant (both Suits); Legal Personal Representative of the Late Dato' Syed Hamzah Bin Syed Abu Bakar: Syed Sazlee bin Syed Hamzah; 2nd Defendant (suit WA 22 NCC 221 05/2022); 3rd Defendant (suit WA 22 NCC 319 07/2022); Nominal Party: Suruhanjaya Syarikat Malaysia (Registrar of Companies); 3rd Defendant (suit WA 22 NCC 221 05/2022); 2nd Defendant (suit WA 22 NCC 319 07/2022): Khoo Kiam Chong; 1st Plaintiff (civil Suit No WA 22 NCC 319 07/2022): Ngan Ching Woo; 2nd Plaintiff (civil Suit No WA 22 NCC 319 07/2022): AT Masters Sdn Bhd; Deceased; Subject of Probate and Central to Allegations: Dato' Syed Hamzah bin Syed Abu Bakar (deceased)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
10 December 2025
Case Number
WA-22NCC-221-05/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Actions to Impeach a Consent Order and Seek Declaratory Relief Under Company/contract/equity Law / Judgment Delivered (liability and Costs Determined)
Outcome
Consent Order dated 20.6.2019 (OS 142) impeached and set aside; OS 142 struck out; declarations that proceedings were procured by fraud and that champertous arrangements are void; no damages awarded; costs ordered
Legal Topics
Fraudulent Non Disclosure, Impeachment of Consent Orders, Champerty and Maintenance, Rectification of Company Register (s602 Companies Act 2016), Abuse of Process, Breach of Natural Justice, Mental Capacity to Litigate
Source Language
Malay/English
Civil Procedure Company Law Contract Law Equity and Trusts Probate Health Law (mental Capacity) Fraudulent Non Disclosure Impeachment of Consent Orders +5 more

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Parties

Puncak Kenangan (M) Sdn Bhd

Plaintiff (civil Suit No WA 22 NCC 221 05/2022); 4th Defendant (civil Suit No WA 22 NCC 319 07/2022)

Syed Sazlee bin Syed Hamzah

1st Defendant (both Suits); Legal Personal Representative of the Late Dato' Syed Hamzah Bin Syed Abu Bakar

Suruhanjaya Syarikat Malaysia (Registrar of Companies)

2nd Defendant (suit WA 22 NCC 221 05/2022); 3rd Defendant (suit WA 22 NCC 319 07/2022); Nominal Party

Khoo Kiam Chong

3rd Defendant (suit WA 22 NCC 221 05/2022); 2nd Defendant (suit WA 22 NCC 319 07/2022)

Ngan Ching Woo

1st Plaintiff (civil Suit No WA 22 NCC 319 07/2022)

AT Masters Sdn Bhd

2nd Plaintiff (civil Suit No WA 22 NCC 319 07/2022)

Dato' Syed Hamzah bin Syed Abu Bakar (deceased)

Deceased; Subject of Probate and Central to Allegations

Procedural Posture

Civil Actions to Impeach a Consent Order and Seek Declaratory Relief Under Company/contract/equity Law / Judgment Delivered (liability and Costs Determined)

Legal Issues

  1. 1 Whether the Consent Order dated 20.6.2019 (OS 142) was procured by fraud and deliberate concealment of material facts
  2. 2 Whether the late Dato' Syed Hamzah had the requisite mental capacity when OS 142 was filed and the consent order entered
  3. 3 Whether the Declaration of Trust, Power of Attorney and Agreement for Shares constituted champerty void as contrary to public policy under s24(e) Contracts Act 1950

Ratio Decidendi

The Court held that OS 142 and the Consent Order dated 20.6.2019 were procured by conscious and deliberate concealment of material facts (fraud), were instituted pursuant to champertous arrangements that are void as contrary to public policy, and were taken in a manner excluding affected parties in breach of natural justice; accordingly the Consent Order and OS 142 are impeached and set aside in their entirety and associated declarations of illegality are granted; costs awarded on standard basis (RM100,000 per plaintiff suit and RM15,000 to SSM).

Court Disposition

Consent Order dated 20.6.2019 (OS 142) impeached and set aside; OS 142 struck out; declarations that proceedings were procured by fraud and that champertous arrangements are void; no damages awarded; costs ordered

Orders

  • Declaration that the Consent Order dated 20.6.2019 in OS 142 was obtained by fraud and dishonesty by the late Dato' Syed Hamzah bin Syed Abu Bakar (Suit WA-22NCC-221-05/2022)
  • Consent Order dated 20.6.2019 in OS 142 impeached and set aside in its entirety (Suit WA-22NCC-221-05/2022)