Malaysia Case Law: Decisions & Judgments

Topic

American cyanamid test

Legal area

Court

25 Feb 2026

GAIA PLAS SDN BHD EXPORT-IMPORT BANK OF MALAYSIA BERHAD

Citation

WA-24NCC-35-01/2026 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-35-01/2026 (Mahkamah Tinggi)

The Court dismissed both applications because the judgment in default of appearance (JID) remained valid and enforceable, the Plaintiff produced no material to establish a genuine and substantial defence to render the Debt disputable, and a Fortuna injunction cannot be granted where the debt is undisputed; accordingly the injunctions sought were refused and costs were ordered as stated.
1 Dec 2025

1. ) TAN SRI DATO PHENG YIN HUAH 2. ) DATO PHENG CHIN KIAT 1. ) LOK PENG CHUAN (Disaman dalam kapasiti sebagai Penerima dan Pengurus Mentakab Star Mall Sdn Bhd (Dalam Penerimaan)) 2. ) JASMIN BEGUM BINTI JAFFAR KHAN (Disaman dalam kapasiti

Citation

CB-22NCC-8-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

CB-22NCC-8-09/2025 (Mahkamah Tinggi)

The court found no bona fide serious issue to be tried because the sale was made within the receivers' contractual authority under the debenture and followed multiple failed sale attempts; alternatively, even if issues existed damages were an adequate remedy; the Plaintiffs' undertaking as to damages was inadequate; and the Plaintiffs failed to make full and frank disclosure at the ex parte stage. Consequently, the interlocutory injunction was dismissed with costs.
20 Feb 2023

ASPEN GLOVE SDN BHD JR ENGINEERING AND MEDICAL TECHNOLOGIES (M) SDN BHD PENCELAH DICADANGKAN Jabatan Insolvensi Malaysia

Citation

BA-24NCC-118-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-118-12/2022 (Mahkamah Tinggi)

Court found there were serious issues to be tried in the related writ action (existence of substantive disputes and cross‑claims), the balance of convenience favored the plaintiff and damages were inadequate; accordingly the statutory notice under s466(1)(a) was declared invalid for present purposes and interlocutory relief restraining presentation/advertising of any winding‑up petition was granted pending disposal of the OS and trial of the main suit.

Malaysia Case Law

GAIA PLAS SDN BHD EXPORT-IMPORT BANK OF MALAYSIA BERHAD

1. ) TAN SRI DATO PHENG YIN HUAH 2. ) DATO PHENG CHIN KIAT 1. ) LOK PENG CHUAN (Disaman dalam kapasiti sebagai Penerima dan Pengurus Mentakab Star Mall Sdn Bhd (Dalam Penerimaan)) 2. ) JASMIN BEGUM BINTI JAFFAR KHAN (Disaman dalam kapasiti

ASPEN GLOVE SDN BHD JR ENGINEERING AND MEDICAL TECHNOLOGIES (M) SDN BHD PENCELAH DICADANGKAN Jabatan Insolvensi Malaysia