Malaysia Case Law: Decisions & Judgments

Topic

Compromise/settlement

Legal area

Court

19 Dec 2025

Malaysia Debt Ventures Berhad 1. ) Platinum NanoChem Sdn. Bhd. 2. ) Platinum Green Chemicals Sdn. Bhd. 3. ) Antara Comodities (M) Sdn.Bhd. 4. ) Asian Food Ingredients Sdn.Bhd. 5. ) Anbananthan A/L Shanmugam 6. ) Jespal Singh Deol A/L Balbir

Citation

WA-22M-643-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-643-08/2019 (Mahkamah Tinggi)

No binding compromise arose from the correspondence because MDV’s language was conditional, Item F reserved unfettered additional terms, essential conditions precedent (personal guarantees, share pledge, NOMAD report) remained unfulfilled, the 6th Letter envisaged execution as the event creating binding effect, and GNC’s delisting plus NOMAD resignation rendered performance unviable; consequently MDV lawfully withdrew and is entitled to RM108,772,652.67 plus profit and charges; claims in conspiracy and fraud against all defendants fail for lack of proof of agreement, unlawful means, intention…
20 Oct 2022

Kelly Khoo Seo Ju for the Applicant [Messrs Malis & Khoo] Ahmad Ezmeel bin Ahmad Tarmizi for Wong Weng Foo the Liquidator (for Kilang Papan Wakaf Tapai Sdn Bhd) (In Creditors’ Voluntary Liquidation) [Messrs Ezmeel & Co.] PENCELAH Lau Kee Se

Citation

WA-28PW-224-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-224-05/2022 (Mahkamah Tinggi)

The Court held that the consent/compromise order dated 8.10.2021 admitted the applicant's claim of RM1,425,000 and therefore no fresh POD was required; pursuant to statutory provisions on proof of debts and insolvency practice the applicant is entitled to be paid the dividends he missed and the joint liquidators were ordered to pay 65% (RM926,250) within seven days; objections by one liquidator that a new POD must be lodged and that the payment must await a general distribution were rejected and treated as matters that should have been raised earlier and are barred by res judicata.

Malaysia Case Law

Malaysia Debt Ventures Berhad 1. ) Platinum NanoChem Sdn. Bhd. 2. ) Platinum Green Chemicals Sdn. Bhd. 3. ) Antara Comodities (M) Sdn.Bhd. 4. ) Asian Food Ingredients Sdn.Bhd. 5. ) Anbananthan A/L Shanmugam 6. ) Jespal Singh Deol A/L Balbir

Kelly Khoo Seo Ju for the Applicant [Messrs Malis & Khoo] Ahmad Ezmeel bin Ahmad Tarmizi for Wong Weng Foo the Liquidator (for Kilang Papan Wakaf Tapai Sdn Bhd) (In Creditors’ Voluntary Liquidation) [Messrs Ezmeel & Co.] PENCELAH Lau Kee Se