Malaysia Case Law: Decisions & Judgments

Topic

Dissolution of partnership

Legal area

Court

4 Apr 2024

SHUZILAWATI BINTI SARIPUDIN MOHD ZAKI BIN ZAINUDIN

Citation

BL-12ANCvC-13-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12ANCvC-13-09/2023 (Mahkamah Tinggi)

The court held the default judgment was obtained regularly and properly served (including delivery of draft judgment) and the appellant failed to establish a prima facie meritorious defence because the Session Court claim is materially different from matters decided in the High Court Seremban (so res judicata did not apply); the appellant's delay and conduct indicating avoidance of service further undermined her application, therefore the application to set aside was correctly dismissed.
7 Feb 2023

TAN SWEE CHOO 1. ) NG CHUN FOO 2. ) NG CHANG PENG

Citation

DA-22NCvC-10-02/2022 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-10-02/2022 (Mahkamah Tinggi)

All three prerequisites for appointment were satisfied: plaintiff demonstrated a prima facie claim as administrator, evidence showed partnership assets were at risk due to management vacuum, related-party transactions and altered accounts, and plaintiff would be prejudiced if appointment delayed; objections to the proposed receiver's suitability were speculative and insufficient, therefore appointment was warranted and granted with costs payable from partnership assets subject to taxation.
3 Aug 2022

VEGIA A/P CHANDRASEKARAN 1. ) THAIGARAJAN A/L RAMASAMY 2. ) NACHIAPPAN A/L RAMASAMY 3. ) AMANAH RAYA BERHAD 4. ) MUHAMMAD HANIF KARUPPIAH BIN ABDULLAH

Citation

DA-22NCvC-16-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-22NCvC-16-03/2021 (Mahkamah Tinggi)

The executor (plaintiff) has locus standi under s59 Probate and Administration Act 1959 to pursue causes of action the deceased possessed including a dissolution claim under s37 Partnership Act 1961; material disputes of fact exist as to whether contested properties were acquired with partnership funds and thus are partnership assets; because the claims raise triable issues and are not plainly unsustainable the strike‑out applications under O.18 r.19 fail and must be dismissed with costs in the cause.
26 Jul 2022

TETUAN SATHA & CO. 1. ) AARON GERARD SANKAR 2. ) ADLIN BINTI ABDUL MAJID 3. ) ANIZA BT OSMAN 4. ) AZNAM BIN MANSOR 5. ) CHIA OH SHENG 6. ) CHIEW EAN VOOI 7. ) CHNG KENG LUNG 8. ) CHU CHAI YEE 9. ) CINDY SIM XIN YEE 10. ) DARSHENDEV SINGH A/

Citation

WA-24NCvC-2163-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCvC-2163-11/2020 (Mahkamah Tinggi)

The High Court found the wording 'in a dissolution dispute' had no nexus to the claim for taxation of legal fees, was unnecessary and irrelevant, risked tarnishing reputations and causing public and professional confusion and thus constituted an abuse of process and scandalous matter removable under Order 18 r 19(1)(b) and (d); accordingly the words were struck out but indemnity costs were refused; standard costs of RM7,000 were awarded to the defendants.
22 Mar 2021

1. MOK CHUANG KIANG 2. LOO SIN CHING 1. ANG PI KUI 2. ANG PI KUI (In the capacity as Chairman of Persatuan Qiong Min Khek Chow Yek Johor Bahru 3. LIMA BENUA KOPITIAM

Citation

JA-24NCVC-136-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-24NCVC-136-02/2020 (Mahkamah Tinggi)

The court held the partnership was validly dissolved effective 25-11-2019 by notice under Partnership Act s28(1) and s34(1)(c)/(2); consequently the partnership name, goodwill and jointly registered trade mark remained partnership assets and no single partner could unilaterally use them without agreement or act on behalf of all co‑proprietors; accordingly the first Defendant was restrained from continuing the partnership business at the premises, ordered to account for receipts/payments from dissolution to 17-12-2019 and to cease use/registration of the partnership name and trade mark; the th…

Malaysia Case Law

SHUZILAWATI BINTI SARIPUDIN MOHD ZAKI BIN ZAINUDIN

TAN SWEE CHOO 1. ) NG CHUN FOO 2. ) NG CHANG PENG

VEGIA A/P CHANDRASEKARAN 1. ) THAIGARAJAN A/L RAMASAMY 2. ) NACHIAPPAN A/L RAMASAMY 3. ) AMANAH RAYA BERHAD 4. ) MUHAMMAD HANIF KARUPPIAH BIN ABDULLAH

TETUAN SATHA & CO. 1. ) AARON GERARD SANKAR 2. ) ADLIN BINTI ABDUL MAJID 3. ) ANIZA BT OSMAN 4. ) AZNAM BIN MANSOR 5. ) CHIA OH SHENG 6. ) CHIEW EAN VOOI 7. ) CHNG KENG LUNG 8. ) CHU CHAI YEE 9. ) CINDY SIM XIN YEE 10. ) DARSHENDEV SINGH A/

1. MOK CHUANG KIANG 2. LOO SIN CHING 1. ANG PI KUI 2. ANG PI KUI (In the capacity as Chairman of Persatuan Qiong Min Khek Chow Yek Johor Bahru 3. LIMA BENUA KOPITIAM