Malaysia Case Law: Decisions & Judgments

Topic

Leave to defend

Legal area

Court

12 Apr 2023

LIM TITT HUAT 1. ) TAN SAY KENG 2. ) WHAI CHENG AUTO PARTS SDN BHD

Citation

WA-24NCC-1032-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-1032-11/2022 (Mahkamah Tinggi)

Leave under sections 347 and 348 Companies Act 2016 was granted because the plaintiff is a complainant who complied with the 30‑day notice requirement, has shown on the balance of probabilities that he is acting in good faith (honest belief of a reasonable prospect of success and no collateral purpose), and it is prima facie in the best interest of the 2nd defendant to defend Suit No. BA-22NCC-83-06/2022; the 1st defendant's arguments were insufficient to displace those findings.
16 Jan 2023

WONG CHENG HOUNG 1. ) HOE POH LIN 2. ) VALUE PLUS INDUSTRIES SDN BHD

Citation

BA-24NCC-36-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-36-04/2022 (Mahkamah Tinggi)

The Court held the Order of 9-3-2022 should not be set aside because the First Defendant had acted in good faith and prima facie in the best interests of the company, the Court lawfully abridged the 30-day notice under s348 given the urgency to resist winding-up proceedings, statutory scheme does not require naming all directors as parties, and the Plaintiff suffered no demonstrable prejudice from exclusion at the hearing.
15 Sept 2020

hs supply sdn bhd koridor padu sdn bhd

Citation

WA-A72NCvC-1602-03/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-1602-03/2020 (Mahkamah Majistret)

The court found the affidavit sufficiently complied with Order 14 Rule 2 (differences from Form 13 were not fatal and curable under Order 2 Rule 1), the defendant failed to raise any credible triable issue on the affidavit evidence, and contemporaneous documentary evidence (invoices, delivery orders signed by the defendant, debtor statement and payments) established that RM63,259.09 was due for goods sold and delivered; accordingly summary judgment was entered for the plaintiff with costs RM2,000.

Malaysia Case Law

LIM TITT HUAT 1. ) TAN SAY KENG 2. ) WHAI CHENG AUTO PARTS SDN BHD

WONG CHENG HOUNG 1. ) HOE POH LIN 2. ) VALUE PLUS INDUSTRIES SDN BHD

hs supply sdn bhd koridor padu sdn bhd