Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Authority of solicitor

Legal area

Court

25 Nov 2025

K SHIN DEVELOPMENT SDN BHD 1. ) METRO ELDERCARE SDN BHD 2. ) NICHOLAS FERNANDEZ PENCELAH MARIAPPAN A/L NARAYANAN

Citation

WA-A52-184-12/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52-184-12/2023 (Mahkamah Sesyen)

The court found the consent judgment was validly recorded with the knowledge and agreement of Defendant First's solicitor, adequate notice and opportunity to approve drafts was given, no evidence of lack of authority, fraud, serious defect or breach of natural justice was established; accordingly the application to set aside the consent judgment is dismissed with costs.
25 Jul 2022

Yee Mei Ken, Teh Soo Jin, Mattheus Goon Kin Zhi and Ho Yu Hang for the Applicant [Messrs Sia Boon Chee & Co.] Lim Kah Mun gor the Liquidator of the Respondent [Messrs Syed Muhamad Akhyari] PENCELAH Vickneswari a/p Veerasamy for the Proposed

Citation

POST WINDING UP NO. WA-28PW-107-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING UP NO. WA-28PW-107-02/2022 (Mahkamah Tinggi)

The court found the petitioner deliberately misrepresented that the judgment debt was payable to him, lacked locus standi, and that the winding-up order was obtained by fraud and abuse of process; applying Section 493 and the court's inherent jurisdiction the winding-up order was terminated/set aside and costs awarded.