Metropolitan Commerce Sdn Bhd PENCELAH DICADANGKAN SUN HUP HING CONSTRUCTION SDN BHD

Metropolitan Commerce Sdn Bhd PENCELAH DICADANGKAN SUN HUP HING CONSTRUCTION SDN BHD

The court refused leave to intervene because the Sanction Order was a perfected, final order in proceedings that had concluded; the Proposed Intervener had notice and opportunity (Proof of Debt and CCM) but elected not to participate and was therefore deemed to have waived its rights and estopped from reopening the matter; allegations of fraud must be pursued by a fresh action rather than by intervention in the concluded proceedings; application dismissed with costs.

Citation
BA-24NCC-167-11/2019 (Mahkamah Tinggi)
Parties
Applicant: Metropolitan Commerce Sdn Bhd; Proposed Intervener: Sun Hup Hing Construction Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 September 2022
Case Number
BA-24NCC-167-11/2019 (Mahkamah Tinggi)
Procedural Posture
Application to Intervene in Civil Proceedings (leave to Intervene) / Decision on Leave to Intervene (application Dismissed)
Outcome
Application dismissed
Legal Topics
Intervention, Scheme of Arrangement, Sanction Order, Functus Officio, Estoppel and Waiver, Fraud on the Court, Requirement to Commence Fresh Action to Impeach Judgment
Source Language
Malay/English
Company Law Civil Procedure Contract Law Insolvency and Restructuring Intervention Scheme of Arrangement Sanction Order Functus Officio +3 more

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Parties

Metropolitan Commerce Sdn Bhd

Applicant

Sun Hup Hing Construction Sdn Bhd

Proposed Intervener

Procedural Posture

Application to Intervene in Civil Proceedings (leave to Intervene) / Decision on Leave to Intervene (application Dismissed)

Legal Issues

  1. 1 Whether leave to intervene should be granted under Order 15 r6(2) ROC 2012
  2. 2 Whether the Sanction Order arising from the court‑convened meeting is perfected and functus officio
  3. 3 Whether the Proposed Intervener waived its rights or is estopped from challenging the Sanction Order by failing to participate in the CCM and Proof of Debt exercise

Ratio Decidendi

The court refused leave to intervene because the Sanction Order was a perfected, final order in proceedings that had concluded; the Proposed Intervener had notice and opportunity (Proof of Debt and CCM) but elected not to participate and was therefore deemed to have waived its rights and estopped from reopening the matter; allegations of fraud must be pursued by a fresh action rather than by intervention in the concluded proceedings; application dismissed with costs.

Court Disposition

Application dismissed

Orders

  • Application in Enclosure 6 dismissed with costs