Malaysia Case Law: Decisions & Judgments

Topic

Appointment of receiver

Legal area

Court

31 May 2023

SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

Citation

WA-22NCC-68-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-68-02/2023 (Mahkamah Tinggi)

The originating summons under Section 393 was struck out because the complaint about the proposed sale price constituted a matter that properly belonged to the earlier proceedings challenging the receivers' powers and could and should have been raised then; allowing the new action would permit impermissible splitting of causes and defeat the finality of litigation, therefore the defendants' strike‑out applications succeed under the wider doctrine of res judicata and Order 18 r19.
22 May 2023

XXXX Kho Kok Hong (Disaman Dalam Kapasiti Sebagai Wasi & Pemegang Amanah Estet Kho Ah Soon, Si Mati) PIHAK KETIGA Lim Tian Huat

Citation

PA-24NCVC-1163-12/2016 (Mahkamah Tinggi)
Court

High Court
Case number

PA-24NCVC-1163-12/2016 (Mahkamah Tinggi)

The application to set aside the Order appointing the Receiver was dismissed because the Substitution Order lawfully substituted the executor so that all prior orders and steps (including the Charging Order and Order appointing Receiver) operate against the substituted executor; the substitute accepted substitution in the proceedings; the proper forum to challenge the Receiver's appointment was the original writ action; and setting aside would unjustly nullify plaintiff's substantive remedies on procedural technicality.
10 Dec 2021

Dato K Kirubakaran, S Ravenesan and Siti Nur Amirah Aqilah binti Adzman for the Applicant [Messrs S. Ravenesan] LAIN-LAIN 1. ) Gabriel Daniel and Melissa Chan Shyuk Wern for the Liquidator [Messrs Paul Ong & Associates] 2. ) Gary Ng Cheng Y

Citation

POST WINDING-UP SUIT NO.: WA-28PW-18-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING-UP SUIT NO.: WA-28PW-18-01/2020 (Mahkamah Tinggi)

The court found on the facts that the filing of the Proof of Debt did not amount to an unequivocal election to surrender security because the POD did not value the security, the filing was inadvertent/laxity by prior solicitors, the applicant had exercised its security by appointing a receiver (appointment known to the liquidator), and the liquidator's conduct and delay estopped the liquidator from asserting surrender; consequently the court granted leave to withdraw the POD and restored the applicant as secured creditor, exercising inherent jurisdiction alongside Act 125 principles.
10 Dec 2021

Dato K Kirubakaran, S Ravenesan and Siti Nur Amirah Aqilah binti Adzman for the Applicant [Messrs S. Ravenesan] LAIN-LAIN 1. ) Gabriel Daniel and Melissa Chan Shyuk Wern for the Liquidator [Messrs Paul Ong & Associates] 2. ) Gary Ng Cheng Y

Citation

POST WINDING-UP SUIT NO.: WA-28PW-18-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING-UP SUIT NO.: WA-28PW-18-01/2020 (Mahkamah Tinggi)

Act 125 governed the matter; filing of the POD without valuation was not an unequivocal election to surrender security given the Applicant's subsequent appointment of a receiver, the Liquidator's prior knowledge and lack of timely objection, and the delayed admission of the POD by the Liquidator; the Court may, exercising inherent jurisdiction and applying principles in bankruptcy and winding up law, accept inadvertence and permit withdrawal of the POD and restoration of the Applicant as a secured creditor.

Malaysia Case Law

SAYYID SHAH BIN ABDULLAH 1. ) NG SEING LIONG 2. ) NG CHOON JIN 3. ) SMALL MEDIUM ENTERPRISE DEVELOPMENT BANK MALAYSIA BERHAD

XXXX Kho Kok Hong (Disaman Dalam Kapasiti Sebagai Wasi & Pemegang Amanah Estet Kho Ah Soon, Si Mati) PIHAK KETIGA Lim Tian Huat

Dato K Kirubakaran, S Ravenesan and Siti Nur Amirah Aqilah binti Adzman for the Applicant [Messrs S. Ravenesan] LAIN-LAIN 1. ) Gabriel Daniel and Melissa Chan Shyuk Wern for the Liquidator [Messrs Paul Ong & Associates] 2. ) Gary Ng Cheng Y

Dato K Kirubakaran, S Ravenesan and Siti Nur Amirah Aqilah binti Adzman for the Applicant [Messrs S. Ravenesan] LAIN-LAIN 1. ) Gabriel Daniel and Melissa Chan Shyuk Wern for the Liquidator [Messrs Paul Ong & Associates] 2. ) Gary Ng Cheng Y