Malaysia Case Law

13 Dec 2022

Suruhanjaya Sekuriti Malaysia 1. ) KOON YEW YIN 2. ) TAN KIT PHENG 3. ) DAVID CHEW @ CHEW HOOI BOON 4. ) YAP SUNG PANG

Citation

AA-B52NCvC-25-07/2022 (Mahkamah Sesyen)

Court

Sessions Court

Case number

AA-B52NCvC-25-07/2022 (Mahkamah Sesyen)

The Commission's sanction constituted a public-law decision that became final when defendants failed to seek judicial review; the sanction created a civil debt recoverable under s220(5) CMASA and defendants failed to raise any bona fide triable issue under Order 14, therefore summary judgment for recovery of the RM520,000 penalty (plus interest and costs) was proper.

• Take-overs and persons acting in concert
• Penalty assessment and recovery
• Judicial review vs collateral attack
• Summary judgment (order 14)

PENANG DEVELOPMENT CORPO

Citation

PENANG DEVELOPMENT CORPO

Court

Malaysian court

The Supreme Court held clause 11 and clause 25(b) were valid and not ultra vires: the Director had authority (actual or ostensible) to include those terms; exemption under s.2(1)(b) HD Act did not prohibit the Corporation from adopting similar contractual terms; onus to prove invalidity rested on the appellant; consequently the clauses were enforceable and the appeal was dismissed with costs.

• Ultra vires
• Delegation of authority
• Judicial review vs collateral attack
• Housing developers (control and licensing) act exemption
• Liquidated damages
• Onus of proof