Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Collateral purpose

Legal area

Court

1 Aug 2024

WH ELECTRICAL MARKETING (M) SDN BHD KENWINGSTON SDN BHD

Citation

WA-24NCC-308-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-308-07/2024 (Mahkamah Tinggi)

The court found on the facts that the winding up petitions were instituted for a collateral purpose — to frustrate an application for preservation of assets and to impede the joint trial of related suits — and therefore constituted an abuse of process permitting the court to strike out or stay those petitions.
26 Nov 2019

YEOH THIAM SOON (NRIC NO.: 651126-08-5281) PHOENIX OASIS SDN. BHD. (COMPANY NO.: 949341-H)

Citation

WA-28NCC-470-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-470-05/2019 (Mahkamah Tinggi)

The petition was dismissed because the claimed debt was bona fide disputed and raised triable issues (inconsistent treatment of payments by SL Land, lack of actual personal advances, repayment contingent on JVA consideration and suspicious timing suggesting collateral purpose); therefore winding up was an inappropriate remedy and the dispute must be resolved at trial in ordinary civil proceedings.