Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Bankruptcy consequences

  • 30 Sept 2025

    USAHA BAHAGIA TIMBER SDN. BHD. TUAN KHAIRUL ANNUAR BIN TUAN YUSUF

    Citation
    BA-22NCvC-239-06/2023 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-22NCvC-239-06/2023 (Mahkamah Tinggi)

    Because the Plaintiff's fragile finances and the realistic risk that judgment funds and transferred shares would be dissipated to third parties, combined with the substantial judgment sum making the Defendant's bankruptcy likely and the irreparable loss to the Defendant's earning capacity, the court found special circumstances existed to justify a conditional stay of execution pending appeal, subject to security (deposit of half the judgment sum and deposit of executed share transfer forms).

  • 14 Aug 2025

    BATHMANI A/P SUPPIAH CIMB BANK BERHAD

    Citation
    WA-12BNCvC-26-02/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-12BNCvC-26-02/2024 (Mahkamah Tinggi)

    The Sessions Court Judge was plainly wrong to dismiss the plaintiff’s claim for special damages; on reassessment the plaintiff proved on the balance of probabilities that the bank negligently sold shares and uplifted deposits such that RM750,222.45 is due as proprietary/accounting relief, the SCJ’s award of general damages of RM250,000 is upheld, interest of 5% p.a. is to run from the Court of Appeal date (12.12.2022) until full settlement, and because of Sessions Court jurisdiction the aggregate recoverable general and special damages are capped at RM1,000,000; appeals otherwise dismissed.