Malaysia Case Law: Decisions & Judgments

Topic

Just and equitable jurisdiction

Legal area

Court

17 Aug 2023

PEMPETISYEN CHANG KIAN CHIANG 1. ) METROFAS DEVELOPMENT SDN BHD 2. ) TAN PEK CHU @ TAN PIAK CHIU 3. ) TANG CHEAH WEE 4. ) TANG BOON KEONG

Citation

JA-28NCC-140-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-140-10/2022 (Mahkamah Tinggi)

The petition is dismissed because petitioner failed to prove failure of substratum, unfair or unjust conduct by directors/respondents, or a complete deadlock; the company continued its limited business, the respondent held majority shares making deadlock unlikely, alternative remedies existed (including a share buy-out offer) and the petition was an unreasonable/drastic step.
19 May 2023

Le Apple Boutique Hotel Sdn Bhd KEEN SOLUTION SDN. BHD.

Citation

W-02(NCC)(A)-1004-06/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(A)-1004-06/2022 (Mahkamah Rayuan)

The Court found the petition was an abuse of process motivated to stifle LABHKLCC's live litigation through related companies, the High Court erred in refusing to probe the alter egos and in deciding subjudice issues, and there was insufficient evidence of the alleged oral JV or that the company had ceased business; accordingly both appeals were allowed and the winding up order (and liquidator appointment) set aside with costs.
12 Sept 2022

PEMPETISYEN Eldarius Yong Zhen Jie for the Petitioner [Messrs Chellam Wong] Sara Idylla binti Isbah for the Respondent [Messrs Ahmad Rizal, Sara Idylla & Co.]

Citation

WA-28NCC-229-03/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-229-03/2022 (Mahkamah Tinggi)

Petitioner has locus to commence but failed to prove the Trust Deeds amount to illegality or breach of public policy sufficiently connected to the company's business; Petronas had knowledge and made no adverse finding and the alleged contraventions lack the necessary nexus to justify the drastic remedy of winding up, therefore petition dismissed and costs awarded to respondent.
25 Oct 2021

1. ) HO SHEN LEE (M) SDN BHD 2. ) Tan Ken Meng 3. ) Khoo Chun Fun LIM SHEN LEE

Citation

N-02(NCC)(A)-760-04/2019 (Mahkamah Rayuan)
Court

NCC
Case number

N-02(NCC)(A)-760-04/2019 (Mahkamah Rayuan)

Appeal allowed and High Court winding-up order set aside because petitioner failed to prove the statutory grounds under s465(1)(f) and (h); contested acts were internal management decisions lawful under the M&A, the disputed funds were used as working capital and not dissipated, the petitioner acted in bad faith (conspiracy with third party and misrepresentations to banks) and the company remained solvent with its substratum intact so winding up as a last resort was not justified.

Malaysia Case Law

PEMPETISYEN CHANG KIAN CHIANG 1. ) METROFAS DEVELOPMENT SDN BHD 2. ) TAN PEK CHU @ TAN PIAK CHIU 3. ) TANG CHEAH WEE 4. ) TANG BOON KEONG

Le Apple Boutique Hotel Sdn Bhd KEEN SOLUTION SDN. BHD.

PEMPETISYEN Eldarius Yong Zhen Jie for the Petitioner [Messrs Chellam Wong] Sara Idylla binti Isbah for the Respondent [Messrs Ahmad Rizal, Sara Idylla & Co.]

1. ) HO SHEN LEE (M) SDN BHD 2. ) Tan Ken Meng 3. ) Khoo Chun Fun LIM SHEN LEE