Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Leave of court

Legal area

Court

25 Mar 2024

XXXX 1. ) CAKRA BERTUAH TRADING 2. ) CHEE LAI MING

Citation

WA-A53KJ-401-09/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A53KJ-401-09/2022 (Mahkamah Sesyen)

An oral application to discontinue, made after partial hearing, was sufficient where the plaintiff gave reasonable grounds and the defendants were not prejudiced; formal application and affidavits were not required given the overriding objective and Order 2 treating non-compliance as irregularity; court exercised discretion to allow discontinuance with liberty to file afresh and awarded costs to protect defendants (RM5000).
27 Mar 2023

PANZANA ENTERPRISE SDN BHD LT LETRIK SDN BHD

Citation

WA-22NCvC-419-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-419-08/2022 (Mahkamah Tinggi)

The court held that s410(c) Companies Act 2016 requires prior leave of the court before commencing proceedings against a company under judicial management; the defendant did not obtain such leave in the judicial management proceedings, and the court exercised its discretion to refuse security for costs because lack of funds (impecuniosity) alone is not sufficient to order security; consequently the application for security for costs (Annex 7) is dismissed with costs RM4,000.00.