Dinding Development Sdn Bhd (Dalam Likuidasi) CITYVILLA CONSTRUCTION SDN BHD

Dinding Development Sdn Bhd (Dalam Likuidasi) CITYVILLA CONSTRUCTION SDN BHD

The application was dismissed because the applicant sought declarations and orders affecting defendants (D2–D4) whose JIDs had not been set aside by them in the proper proceedings; the court could not, in these proceedings, make orders binding those defendants or government departments (per s54 Specific Relief Act 1950) without the correct procedural steps having been taken.

Citation
JA-24NCvC-1064-09/2023 (Mahkamah Tinggi)
Parties
Plaintiff/applicant: Dinding Development Sdn. Bhd. (Dalam Likuidasi); Plaintiff/applicant (liquidator): Bala Subramaniam a/l Rasu; Defendant/respondent: Cityvilla Construction Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
17 January 2024
Case Number
JA-24NCvC-1064-09/2023 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Under the Specific Relief Act 1950 / Judgment on Originating Summons (application Dismissed)
Outcome
Application dismissed.
Legal Topics
Setting Aside Judgment in Default (jid), Binding Effect of Judgments on Directors, Declaratory Relief, Injunction Against Third Parties, Orders Against Government Departments, Procedure Under Rules of Court 2012
Source Language
Malay/English
Civil Litigation Company Law Injunctions and Declaratory Relief Administrative Law Setting Aside Judgment in Default (jid) Binding Effect of Judgments on Directors Declaratory Relief Injunction Against Third Parties +2 more

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Parties

Dinding Development Sdn. Bhd. (Dalam Likuidasi)

Plaintiff/applicant

Bala Subramaniam a/l Rasu

Plaintiff/applicant (liquidator)

Cityvilla Construction Sdn Bhd

Defendant/respondent

Procedural Posture

Originating Summons Under the Specific Relief Act 1950 / Judgment on Originating Summons (application Dismissed)

Legal Issues

  1. 1 Whether a judgment in default (JID) entered against the company binds its directors who did not set aside the JID
  2. 2 Whether the applicant can obtain declaratory and injunctive relief affecting directors (D2–D4) without them having applied to set aside the JID against them
  3. 3 Whether the court may grant orders restraining government departments (Jabatan Perumahan Negara) and local authorities (Municipal Council)

Ratio Decidendi

The application was dismissed because the applicant sought declarations and orders affecting defendants (D2–D4) whose JIDs had not been set aside by them in the proper proceedings; the court could not, in these proceedings, make orders binding those defendants or government departments (per s54 Specific Relief Act 1950) without the correct procedural steps having been taken.

Court Disposition

Application dismissed.

Orders

  • Originating Summons application dismissed.