Malaysia Case Law: Decisions & Judgments

Topic

Receivers and managers

Legal area

Court

15 Jan 2026

1. ) GST Builder Sdn Bhd 2. ) Kwang Fatt Heng Enterprise Sdn Bhd 1. ) Sabah Development Bank Berhad 2. ) Sundarasan A/L Arumugam 3. ) Ling Sie Kong 4. ) Raveendra Kumar A/L Nathan 5. ) Goodwill Division Sdn Bhd (In Liquidation) PENCELAH FON

Citation

JA-28PW-78-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28PW-78-08/2024 (Mahkamah Tinggi)

The strike-out application failed because the applicants, as unsecured creditors, have statutory locus under s.393(3) CA 2016 to seek examination and remedies against receivers and, by necessary implication, the principal who appointed them; the applicants' pleadings disclose material facts sufficient to raise triable issues of misfeasance, breach of duty and undervalued sales and are not obviously unsustainable on the face of the pleadings; the procedural omission in the intitulement caused no prejudice and was amendable; forum objections are premature at strike-out stage and should be addre…
11 Jul 2025

XORIX SDN. BHD. (PENERIMA & PENGURUS DILANTIK) JARDIN PHARMA BERHAD

Citation

WA-24NCC-607-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-607-12/2024 (Mahkamah Tinggi)

The application was dismissed because the central question was non-justiciable and vague, the tenancy dated 01.07.2023 is valid and the plaintiff lacks standing to challenge it in these proceedings, material factual disputes made the matter unsuitable for determination on affidavit under originating summons, and the issues overlap with active litigation risking multiplicity; consequently no relief was warranted.
20 Jun 2025

1. ) BRUNSFIELD OASIS SQUARE SDN. BHD. (Penerima-Penerima dan Pengurus-Pengurus yang Dilantik Atas Aset-Aset Tertentu yang Digadaikan kepada Public Bank Berhad) 2. ) BRUNSFIELD OASIS TOWER SDN. BHD. (Penerima-Penerima dan Pengurus-Pengurus

Citation

BA-24NCC-159-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-159-12/2023 (Mahkamah Tinggi)

The court held that under ss388 and 389 of the Companies Act 2016 the directors of the plaintiff companies are statutorily obliged to submit statements of affairs and make available all books, documents and information relating to the properties in receivership; the absence of legal representation for the fourth defendant does not excuse the directors' obligations; accordingly the court granted the specified prayers compelling production, allowed other prayers against the third, fourth and fifth defendants as set out, dismissed the fourth defendant's counterclaim and awarded costs to the plai…
25 Jun 2024

PUBLIC BANK BERHAD 1. ) BG BETA SDN BHD 2. ) BRUNSFIELD CORPORATION SDN BHD 3. ) GAN THIAN LEONG

Citation

WA-22NCC-560-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-560-08/2023 (Mahkamah Tinggi)

Plaintiff established a prima facie case supported by facility documents, executed guarantees and sworn statements of indebtedness; defendants failed to produce credible, contemporaneous evidence to raise a triable issue (their allegations were bare, inconsistent or inherently improbable); accordingly summary judgment is appropriate (except where prevented by pending judicial management).
25 Jun 2024

PUBLIC BANK BERHAD GAN THIAN LEONG

Citation

WA-22NCC-562-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-562-08/2023 (Mahkamah Tinggi)

Plaintiff established a prima facie case supported by contemporaneous loan and guarantee documents and certified indebtedness; defendants' allegations of unconscionability and misrepresentation were unsupported, inherently improbable and inconsistent with documents, and judicial management/receivers do not bar simultaneous enforcement against guarantors; therefore there were no triable issues and summary judgment was appropriate (except against BG Beta in Suit 560).
19 May 2024

1. ) YAP SENG MAW 2. ) YAP ST MUAN 3. ) YAP ST KEAT 4. ) YAP ZI HENG 5. ) CHOW MING MING 6. ) LEE LIN WEI 7. ) ONG BOEY ENG 8. ) TAN ZHI KAI 9. ) LEE NYOK PENG 1. ) LIM TIAN HUAT (sebagai Penerima dan Pengurus Eco Homes Builders Sdn Bhd) 2.

Citation

JA-22NCC-57-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCC-57-08/2023 (Mahkamah Tinggi)

Because the subject properties were charged under a registered debenture and legal charges which expressly prohibited dealing without the bank's prior written consent, SPAs executed without that consent did not confer enforceable rights against the bank or its receivers; therefore claims against the chargee and receivers were plainly unsustainable and properly struck out, rendering the interim injunction academic.
16 Mar 2023

GUNA SELVI METAL (M) SDN. BHD. 1. ) FACILIPACK INDUSTRIES SDN. BHD. (DALAM LIKUDASI) 2. ) HENG JI KENG 3. ) Andrew Heng

Citation

BA-22NCvC-23-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-23-01/2022 (Mahkamah Tinggi)

Although the Plaintiff displayed intent to purchase and paid RM90,000, the inspections revealed material discrepancies which the Receivers and Managers failed to adequately address; the court found the Plaintiff's failure to pay the balance was not solely attributable to the Plaintiff and that the forfeiture was therefore unlawful; accordingly the deposit must be refunded with interest and defendants' counterclaim dismissed.
7 Oct 2020

Pang Yong Tung for the Applicants [Messrs S.K. Song] Pamela Ephraim for the Respondent Company [Messrs Ephraim & Associates]

Citation

KES PASCA PENGGULUNGAN GUAMAN NO. WA-28PW-137-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KES PASCA PENGGULUNGAN GUAMAN NO. WA-28PW-137-03/2020 (Mahkamah Tinggi)

Applicants failed to produce sufficient documentary evidence to show full payment and a prima facie case; the property fell within assets controlled by the Receivers & Managers under the debenture as supported by case law and s386(1) CA 2016; consequently the liquidator was not the proper party and leave under s471 was refused.
7 Feb 2020

1. ) WELLCOME COMMUNICATIONS (M) SDN BHD 2. ) JAMALUDIN BIN AHMAD 3. ) VIJAYAKUMAR A/L RATNAVELU 4. ) MD. ISA BIN SALIM MALAYSIA DEBT VENTURES BERHAD

Citation

WA-22M-682-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22M-682-09/2019 (Mahkamah Tinggi)

Plaintiff met Order 14 prerequisites and established a prima facie case; defendants failed to adduce admissible evidence of any bona fide triable issue — payments into project account were insufficient to discharge debt, appointment of receivers was lawful under the Debenture and Deed of Assignment, allegations that receivers caused termination were unsupported and factually predated appointment, challenge to validity for lack of Murabahah contracts was not pleaded in affidavit and in any event non-compliance with Shariah does not render the contract void under governing contract law, and the…
21 Jan 2020

GOLDEN AFFINITY DEVELOPMENT SDN. BHD. (IN LIQUIDATION) 1. LIM YOK WAH (I/C NO: 470214-08-5537) 2. LIM BOON KANG (I/C NO: 730911-14-5273) 3. SEE KOK SENG (I/C NO: 730511-10-5707) 4. LEW HAW HANN (I/C NO: 731001-10-6325) 5. ES ENG SOON HOLDIN

Citation

WA-22NCC-472-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-472-08/2019 (Mahkamah Tinggi)

Court refused leave to intervene because the Proposed Intervener, as an unsecured creditor, failed to show intervention was necessary and its intervention would materially risk frustrating a bona fide, evidenced scheme of arrangement under s366 which served wider public and creditor interests; balancing of interests favoured allowing the scheme to proceed and upholding the restraining order rather than permitting the winding up to continue.