Malaysia Case Law

22 Mar 2024

LING BOON HUAT DING TOH BIEW

Citation

A-02(NCvC)(A)-312-03/2023 (Mahkamah Rayuan)

Court

NCvC

Case number

A-02(NCvC)(A)-312-03/2023 (Mahkamah Rayuan)

The Court of Appeal held the High Court erred in implying a term into the consent orders because the Plaintiff failed to satisfy the strict tests for implication (necessity/business efficacy or obviousness); implying the term would amount to a fundamental re‑writing of the consent orders which contained no express price‑adjustment mechanism; therefore the OS reliefs were wrongly granted and the High Court order was set aside.

• Implied terms
• Consent orders
• Valuation
• Specific performance
• Execution
• Costs

MERIL-RIONEBEL (M) SDN BHD V PERDANA MERCHANT BANKERS BERHAD

Citation

MERIL-RIONEBEL (M) SDN BHD V PERDANA MERCHANT BANKERS BERHAD

Court

Malaysian court

The Court held that winding-up petitions are governed by the Companies (Winding-up) Rules 1972 which require summary disposal on the date fixed; therefore the many interlocutory applications and successive appeals brought under writ procedures (eg O.18 r.19 RHC 1980) amounted to abuse of process and unfairly delayed petitions. The appeals were dismissed and applications for stays pending further appeal were refused, affirming the court's duty to prevent procedural tactics that frustrate the winding-up regime.

• Stay pending appeal
• Winding-up petition procedure
• Interlocutory applications
• Abuse of process
• Amendment of petition
• Affidavit of truth