Malaysia Case Law: Decisions & Judgments

Topic

Leave to sue liquidator

Legal area

Court

21 Jan 2026

United Overseas Bank (Malaysia) Berhad Bala Subramaniam A/L Rasu (Liquidator of Valiantview Construction Sdn Bhd (In Liquidation)) PEMPETISYEN CECILY KEE LING LING

Citation

WA-28PW-675-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-675-11/2024 (Mahkamah Tinggi)

Leave to commence proceedings against the liquidator was granted because the Bank established a prima facie case that it is the assignee of the purchasers' rights and that it would be prejudiced if the liquidator pursued termination and demands; leave under s.486(2) is required and the court must permit meritorious third-party claims where a prima facie case exists.
26 Mar 2025

YONG JING JOO 1. ) GOLDPAGE ASSET SDN BHD 2. ) ARTHUR LAW HIAN TAT

Citation

WA-28PW-554-09/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-554-09/2024 (Mahkamah Tinggi)

Leave was granted because the Applicant demonstrated a prima facie case and serious dispute, the remedies sought (declaration and specific performance) cannot be resolved through winding-up procedures, and there is a plausible basis that Goldpage (and by intermeddling the Liquidator) could be constructive trustee giving rise to potential personal liability, thereby satisfying the tests for leave against both the company and the liquidator.
21 Jan 2025

Dato' Suki Mee FAR ORIGIN SDN. BHD ( DALAM PENGGULUNGAN)

Citation

AA-28PW-40-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

AA-28PW-40-03/2024 (Mahkamah Tinggi)

Leave to commence proceedings against the liquidator is refused because the applicant failed to demonstrate a prima facie case and pecuniary loss; the share transfer allegations are barred by res judicata following prior Court of Appeal determination; the purported irrevocable power of attorney did not confer proprietary rights to Arena Ria and ARSB's liquidator made no claim; a COI is unnecessary and improperly sought; applicant lacks standing to compel directorship changes in PSSB. Application dismissed and costs awarded to respondent RM2000.
2 Aug 2024

KUB SEPADU SDN BHD 1. ) CHONG KWONG CHIN 2. ) CHANTHIRAN A/L NAGAPPAN 3. ) CONTINENTAL MANAGEMENT RESOURCES SDN BHD

Citation

WA-24NCC-166-04/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-166-04/2024 (Mahkamah Tinggi)

Leave of the Winding Up Court is required to commence proceedings against the former liquidators despite the Winding Up Order being set aside prospectively by consent; the Winding Up Court retains jurisdiction and control over matters concerning the winding up and therefore this High Court lacked jurisdiction to hear the claim; striking out is appropriate under Order 18 r19(1).
12 Jan 2024

1. ) Ter Thian Tin 2. ) Chong Fong Har 3. ) Chang Ngi Mooi 4. ) THC Rice Sdn Bhd 1. ) Chiptar Holdings Sdn Bhd (In Liquidation) 2. ) Ralph ravin Ratnaswamy

Citation

WA-28PW-358-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-358-08/2023 (Mahkamah Tinggi)

Leave to commence proceedings in Prayers 3, 4 and 5 was refused: (1) removal application failed for lack of evidence of misconduct or cause and relied on misconceived statutory provision (s450(4) inapplicable); (2) set-off application was contrary to the pari passu principle and s527(10) CA 2016 and Applicants did not show pecuniary loss to justify departure; (3) contempt application lacked a prima facie case of breach of the Oppression Order. Applications dismissed with costs RM15,000.00.
17 May 2023

N. CHANTHIRAN A/L NAGAPPAN XXXX

Citation

02(i)-54-09/2021(Q) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-54-09/2021(Q) (Mahkamah Persekutuan)

The Federal Court concurred with the view that leave of the court is required before commencing any action against a court-appointed liquidator; prior divergence arose from Court of Appeal decisions that omitted consideration of relevant authority (Ooi Woon Chee), and that omission justified reaffirming the requirement for leave.
14 Aug 2019

Tee Siew Kai Machang Indah Development Sdn Bhd

Citation

02(i)-50-07/2018(P) (Mahkamah Persekutuan)
Court

i
Case number

02(i)-50-07/2018(P) (Mahkamah Persekutuan)

A party who is neither a creditor nor a contributory lacks locus standi to obtain leave to sue a court-appointed liquidator personally for alleged breaches of contract by the company; the liquidator, acting as agent and pursuant to statutory powers, is not personally liable for carrying out statutory duties absent clear prima facie evidence of misfeasance or personal misconduct, and leave to sue is to be confined to proper persons (creditors or contributories) who can show probable success.

Malaysia Case Law

United Overseas Bank (Malaysia) Berhad Bala Subramaniam A/L Rasu (Liquidator of Valiantview Construction Sdn Bhd (In Liquidation)) PEMPETISYEN CECILY KEE LING LING

YONG JING JOO 1. ) GOLDPAGE ASSET SDN BHD 2. ) ARTHUR LAW HIAN TAT

Dato' Suki Mee FAR ORIGIN SDN. BHD ( DALAM PENGGULUNGAN)

KUB SEPADU SDN BHD 1. ) CHONG KWONG CHIN 2. ) CHANTHIRAN A/L NAGAPPAN 3. ) CONTINENTAL MANAGEMENT RESOURCES SDN BHD

1. ) Ter Thian Tin 2. ) Chong Fong Har 3. ) Chang Ngi Mooi 4. ) THC Rice Sdn Bhd 1. ) Chiptar Holdings Sdn Bhd (In Liquidation) 2. ) Ralph ravin Ratnaswamy

N. CHANTHIRAN A/L NAGAPPAN XXXX

Tee Siew Kai Machang Indah Development Sdn Bhd