1. ) NGAN CHING WOO 2. ) AT MASTERS SDN BHD 1. ) SYED SAZLEE BIN SYED HAMZAH 2. ) KHOO KIAM CHONG 3. ) PENDAFTAR SURUHANJAYA SYARIKAT MALAYSIA 4. ) PUNCAK KENANGAN SDN BHD

1. ) NGAN CHING WOO 2. ) AT MASTERS SDN BHD 1. ) SYED SAZLEE BIN SYED HAMZAH 2. ) KHOO KIAM CHONG 3. ) PENDAFTAR SURUHANJAYA SYARIKAT MALAYSIA 4. ) PUNCAK KENANGAN SDN BHD

The Consent Order dated 20.6.2019 in OS 142 was procured by conscious and deliberate concealment of material facts (fraud), including concealment of the applicant’s own role in and benefit from the 1993 allotment, the existence of champertous profit‑sharing arrangements with a third party, and serious questions about the applicant’s mental capacity; additionally OS 142 was structured to exclude directly affected parties (breach of natural justice) and was prosecuted pursuant to champertous agreements void under s24(e) Contracts Act 1950; on these independent and cumulative grounds the Consent Order and OS 142 are impeached and set aside in their entirety.

Citation
WA-22NCC-319-07/2022 (Mahkamah Tinggi)
Parties
Plaintiff (suit WA 22 NCC 221 05/2022); Defendant (suit WA 22 NCC 319 07/2022): Puncak Kenangan (M) Sdn Bhd; Plaintiff (suit WA 22 NCC 319 07/2022): Ngan Ching Woo; Plaintiff (suit WA 22 NCC 319 07/2022): AT Masters Sdn. Bhd.; 1st Defendant (legal Personal Representative of the Late Dato' Syed Hamzah): Syed Sazlee bin Syed Hamzah; 2nd Defendant (nominal/statutory Party): Companies Commission of Malaysia (Registrar); 3rd Defendant (suit WA 22 NCC 221 11/2019) and 2nd Defendant (suit WA 22 NCC 319 07/2022): Khoo Kiam Chong
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 November 2025
Case Number
WA-22NCC-319-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suits to Impeach Consent Order Under Companies Act 2016 (rectification of Register) / Final Judgment on Liability and Costs (consent Order Impeached and Struck Out)
Outcome
Consent Order dated 20.6.2019 in OS 142 impeached and set aside; OS 142 struck off; declarations that the relevant Trust/POA/Agreement are champertous and void; no assessment of damages ordered; costs awarded to Plaintiffs and nominal party SSM
Legal Topics
Fraudulent Non Disclosure, Impeachment of Consent Orders, Champerty and Maintenance, Abuse of Process, Audi Alteram Partem/natural Justice, Rectification of Company Register (s602 Companies Act 2016), Mental Capacity to Litigate, Costs and Indemnity Costs
Source Language
Malay/English
Civil Procedure Company Law Equity and Trusts Contract Law Probate and Administration Medical/mental Capacity Law Public Policy and Criminal Procedural Safeguards Fraudulent Non Disclosure +7 more

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Parties

Puncak Kenangan (M) Sdn Bhd

Plaintiff (suit WA 22 NCC 221 05/2022); Defendant (suit WA 22 NCC 319 07/2022)

Ngan Ching Woo

Plaintiff (suit WA 22 NCC 319 07/2022)

AT Masters Sdn. Bhd.

Plaintiff (suit WA 22 NCC 319 07/2022)

Syed Sazlee bin Syed Hamzah

1st Defendant (legal Personal Representative of the Late Dato' Syed Hamzah)

Companies Commission of Malaysia (Registrar)

2nd Defendant (nominal/statutory Party)

Khoo Kiam Chong

3rd Defendant (suit WA 22 NCC 221 11/2019) and 2nd Defendant (suit WA 22 NCC 319 07/2022)

Procedural Posture

Civil Suits to Impeach Consent Order Under Companies Act 2016 (rectification of Register) / Final Judgment on Liability and Costs (consent Order Impeached and Struck Out)

Legal Issues

  1. 1 Whether the Consent Order dated 20.6.2019 in OS 142 was procured by conscious and deliberate concealment of material facts (fraud)
  2. 2 Whether concerns as to the applicant’s mental capacity were deliberately concealed and vitiated consent
  3. 3 Whether the underlying arrangements (Declaration of Trust, Power of Attorney, Agreement for Shares) constituted champerty void for public policy under s24(e) Contracts Act 1950

Ratio Decidendi

The Consent Order dated 20.6.2019 in OS 142 was procured by conscious and deliberate concealment of material facts (fraud), including concealment of the applicant’s own role in and benefit from the 1993 allotment, the existence of champertous profit‑sharing arrangements with a third party, and serious questions about the applicant’s mental capacity; additionally OS 142 was structured to exclude directly affected parties (breach of natural justice) and was prosecuted pursuant to champertous agreements void under s24(e) Contracts Act 1950; on these independent and cumulative grounds the Consent Order and OS 142 are impeached and set aside in their entirety.

Court Disposition

Consent Order dated 20.6.2019 in OS 142 impeached and set aside; OS 142 struck off; declarations that the relevant Trust/POA/Agreement are champertous and void; no assessment of damages ordered; costs awarded to Plaintiffs and nominal party SSM

Orders

  • Suit WA-22NCC-319-07/2022: Declaration that Consent Order dated 20.6.2019 in OS 142 was obtained by fraud and dishonesty by the late Dato' Syed Hamzah and Khoo Kiam Chong; Consent Order dated 20.6.2019 impeached and set aside in totality; OS 142 struck off and set aside; declaration that actions in filing OS 142 and...