Malaysia Case Law: Decisions & Judgments

Topic

Directors' duties and disclosure

Legal area

Court

30 Jan 2026

Ling Sie Kiiong Naushad Bin Abdul Rahiman PIHAK KETIGA 1. ) Sujad Sha Bin Abdul Rahman 2. ) Arashad Bin Abdul Rahman PIHAK TERKILAN SALIHIN

Citation

WA-28PW-268-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-268-05/2024 (Mahkamah Tinggi)

The court found that Arashad and Sujad deliberately defied express court orders by failing to attend for examination and produce documents and that Naushad, although present, failed to produce substantive documentary proof required by the court orders; accordingly all three were held in contempt and sentenced: Arashad and Sujad fined RM200,000 each, Naushad fined RM100,000, each to pay costs of RM10,000 (subject to allocatur), fines payable within one month and in default each to be committed to prison for 7 days.
28 Feb 2024

LEE AH LAN@ LEE KEOK HOOI 1. ) WONG KOON HUNG 2. ) Wong Kien Choong 3. ) MASERA REALTY SDN.BHD.

Citation

WA-22NCC-547-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-547-10/2022 (Mahkamah Tinggi)

On the balance of probabilities the plaintiff paid for the capitalization and controlled Masera Realty pre‑2016; the 1st Defendant held 60,000 shares as trustee for the plaintiff; disputed signatures were not proven (no expert evidence) but that failure did not defeat the overarching factual finding; estoppel and illegality defences were either unpleaded or insufficient to bar equitable relief; therefore declaration, transfer, accounting, removal of directors and injunctions were ordered.
21 Sept 2021

RISING SUN MACHINERY PARTS SDN BHD 1. ) PANG CHI CHIANG 2. ) PANG CHEE WEE 3. ) TAN BENG SIANG 4. ) DATCHE TRADE MARKETING SDN BHD

Citation

WA-24NCC-45-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-45-02/2021 (Mahkamah Tinggi)

The court found the plaintiff's pleaded complaints and sought reliefs were corporate wrongs against the 4th Defendant (misconduct/misappropriation) and the remedies sought (restitution of RM2,061,000 and reflective-loss compensation) were derivative in nature; therefore the Originating Summons was an abuse of process and was struck out under Order 18 Rule 19 ROC. Costs of RM8,000 awarded to defendants and plaintiff granted liberty to apply for leave to commence derivative proceedings under s347 CA 2016.
16 Aug 2021

Barry Goh Yew Meng, Goh Jen Nie and Ahmeena for the Respondent [Messrs Ahmeena Aziz & Partners] LAIN-LAIN Datuk RS Sodhi for the Petitioner [Messrs Sodhi Chambers]

Citation

COMPANIES (WINDING UP) NO. WA-28NCC-588-08/2020 (Mahkamah Tinggi)
Court

WINDING UP
Case number

COMPANIES (WINDING UP) NO. WA-28NCC-588-08/2020 (Mahkamah Tinggi)

The petition is dismissed because on the evidence the petitioner did not prove loss of substratum or irreparable breakdown of mutual trust; the petitioner had acquiesced to and benefited from the EGM resolutions, had earlier consented to shorter notice, and thereafter changed stance only after a police report was lodged. The petitioner failed to disclose related-party interests (breaches of s.219 and s.221), acted with improper motive to impede investigations and therefore comes with unclean hands; the petition is an abuse of process. Affidavit in Reply (2) was inadmissible. Costs awarded to…

Malaysia Case Law

Ling Sie Kiiong Naushad Bin Abdul Rahiman PIHAK KETIGA 1. ) Sujad Sha Bin Abdul Rahman 2. ) Arashad Bin Abdul Rahman PIHAK TERKILAN SALIHIN

LEE AH LAN@ LEE KEOK HOOI 1. ) WONG KOON HUNG 2. ) Wong Kien Choong 3. ) MASERA REALTY SDN.BHD.

RISING SUN MACHINERY PARTS SDN BHD 1. ) PANG CHI CHIANG 2. ) PANG CHEE WEE 3. ) TAN BENG SIANG 4. ) DATCHE TRADE MARKETING SDN BHD

Barry Goh Yew Meng, Goh Jen Nie and Ahmeena for the Respondent [Messrs Ahmeena Aziz & Partners] LAIN-LAIN Datuk RS Sodhi for the Petitioner [Messrs Sodhi Chambers]