Malaysia Case Law

27 Jun 2022

Tai See Yoon & 217 Yang Lain Lain NCT TROPIKA SDN BHD

Citation

CA-24NCC-13-11/2021 (Mahkamah Tinggi)

Court

High Court

Case number

CA-24NCC-13-11/2021 (Mahkamah Tinggi)

The court held the Sanction Order, Extension Order and Variation Order were regularly obtained and the Plaintiffs failed to prove illegality or lack of jurisdiction; having failed to intervene or oppose when able, the Plaintiffs are estopped and bound by res judicata; therefore the Plaintiffs' application is dismissed.

• Scheme of arrangement
• Setting aside court orders
• Inherent jurisdiction
• Intervention by creditors
• Res judicata
• Guaranteed rental return scheme

BAXCO UNITED CORPORATION BHD V. ATLAS CORPORATION SDN BHD

Citation

BAXCO UNITED CORPORATION BHD V. ATLAS CORPORATION SDN BHD

Court

Malaysian court

The court held the defendant waived the original exercise deadline by its 18 February 1998 letter, accepted the plaintiff's subsequent execution of the Power of Attorney and, having managed and collected rents, is estopped from denying the GRRS; therefore declarations were granted that defendant must bear service charges and sinking fund for the guaranteed period, may not set them off against GRRS payments, and must pay RM4,166.67 per month for the guaranteed rental period; plaintiff had locus standi despite assignment to the bank because supplemental agreement rights were not assigned.

• Guaranteed rental return scheme
• Declaratory relief
• Specific performance
• Waiver
• Estoppel
• Set-off