Malaysia Case Law: Decisions & Judgments

Topic

Ex parte relief

Legal area

Court

20 Nov 2025

KALIYAMMA A/P TAMIL SELVAM

Citation

BA-24NCvC-2434-10/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-2434-10/2025 (Mahkamah Tinggi)

The application was dismissed because the Applicant failed to demonstrate urgent necessity or imminent risk to the estate and submitted inadequate affidavit evidence without essential corroborative documents or disclosure of other beneficiaries; given the absence of exceptional circumstances and availability of ordinary probate remedies, the Court declined to exercise its discretionary power to appoint an interim representative.
18 Sept 2025

HOCK CHEONG LOGISTICS SDN BHD 1. ) YEO BOK SIANG 2. ) TAN SOU FUNG 3. ) ANASTASIA ROBITA GAMANI 4. ) SHARON A/P JOHNSON 5. ) SASA SHIPPING SDN BHD 6. ) AH YUTI BINTI ABDUL MANAF

Citation

BA-22NCC-118-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-118-06/2024 (Mahkamah Tinggi)

The Court held that the Plaintiff satisfied the substantive thresholds for an Anton Piller Order (strong prima facie case, probable risk of destruction, possession of relevant materials, and confidentiality of information), that procedural defects were curable in the absence of prejudice, and that the APO was not oppressive or overbroad as executed; therefore the ex parte order was affirmed and seized materials retained in judicial custody.
21 Feb 2020

TT DOTCOM SDN BHD 1. LOW WEY HENG 2. LEE PENG HONG 3. LOF MANAGEMENT SDN BHD 4. AFFLEXIA SDN BHD 5. ARTE S PENANG JOINT MANAGEMENT BODY 6. ARTE PLUS @ JALAN AMPANG JOINT MANAGEMENT BODY 7. TAN KEE TAY

Citation

WA-22NCVC-535-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-535-07/2019 (Mahkamah Tinggi)

Court found plaintiff made full and frank disclosure, had a strong prima facie case based on technical investigations (RTA and traceroute) showing unlawful connection and splitting of home broadband for commercial use, and there was a real possibility defendants could conceal or destroy technical evidence housed in MDF rooms; Anton Piller Orders were therefore justified and the defendants' applications to set them aside were dismissed.

Malaysia Case Law

KALIYAMMA A/P TAMIL SELVAM

HOCK CHEONG LOGISTICS SDN BHD 1. ) YEO BOK SIANG 2. ) TAN SOU FUNG 3. ) ANASTASIA ROBITA GAMANI 4. ) SHARON A/P JOHNSON 5. ) SASA SHIPPING SDN BHD 6. ) AH YUTI BINTI ABDUL MANAF

TT DOTCOM SDN BHD 1. LOW WEY HENG 2. LEE PENG HONG 3. LOF MANAGEMENT SDN BHD 4. AFFLEXIA SDN BHD 5. ARTE S PENANG JOINT MANAGEMENT BODY 6. ARTE PLUS @ JALAN AMPANG JOINT MANAGEMENT BODY 7. TAN KEE TAY