Malaysia Case Law: Decisions & Judgments

Topic

Appointment of solicitors

Legal area

Court

30 Apr 2024

1. ) NEWARA SDN. BHD. 2. ) LIM LIN LI 3. ) YESS COMMERCIAL DEVELOPMENT SDN. BHD. 4. ) CHEW KHENG POH 5. ) CHUA LIAN KHIM 6. ) SEOW FOOK SIONG 7. ) SIOW SOOK CHAN 8. ) CHONG WUI LEANG 9. ) LAI SEE MEN 10. ) PAU YEK MUI 11. ) PAU TIAM PENG 12

Citation

JA-22NCvC-48-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCvC-48-04/2022 (Mahkamah Tinggi)

The court held that it has discretion under Order 45 r.6 to extend time for acts required by a consent order; the delay arose from disputes between solicitors and parties and could not be attributed solely to plaintiffs, and refusal of the originally appointed solicitors could be analogised to frustration justifying substitution; however an 18-month extension was excessive and prejudicial, therefore a three-month extension was appropriate and the defendant must pay costs of RM10,000.
8 Nov 2023

LOW KIM HONG TETUAN CHIENG & LUM ASSOCIATES PIHAK KETIGA 1. ) LOW SU KIAN 2. ) Low Seow Kian

Citation

WA-24NCvC-3653-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-3653-08/2023 (Mahkamah Tinggi)

The defendant, who asserted appointment, bore the burden to prove a valid appointment by the plaintiff; the defendant failed to produce any appointment letter or sufficient evidence from the plaintiff confirming authorisation, statutory declarations by daughters were insufficient, the company secretary had verified the plaintiff's capacity and only directors can refuse share registration, therefore the defendant was not appointed and had no authority to issue the impugned letters; the originating summons succeeds and injunction and orders follow.
7 Sept 2021

NG HOW SHEN NG HOW ANN & 6 YANG LAIN

Citation

CB-24NCC-4-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

CB-24NCC-4-07/2021 (Mahkamah Tinggi)

At interlocutory stage the court will grant discovery only of documents that are in existence, in the opponent's possession/custody/power and necessary for disposing fairly of the proceedings; applying those tests the court refused the majority of the disclosure sought (documents relating to appointment of solicitors and sale of land) as not necessary at this stage and not shown to exist or be material, and concluded that interlocutory disclosure was not warranted for those categories.

Malaysia Case Law

1. ) NEWARA SDN. BHD. 2. ) LIM LIN LI 3. ) YESS COMMERCIAL DEVELOPMENT SDN. BHD. 4. ) CHEW KHENG POH 5. ) CHUA LIAN KHIM 6. ) SEOW FOOK SIONG 7. ) SIOW SOOK CHAN 8. ) CHONG WUI LEANG 9. ) LAI SEE MEN 10. ) PAU YEK MUI 11. ) PAU TIAM PENG 12

LOW KIM HONG TETUAN CHIENG & LUM ASSOCIATES PIHAK KETIGA 1. ) LOW SU KIAN 2. ) Low Seow Kian

NG HOW SHEN NG HOW ANN & 6 YANG LAIN