Malaysia Case Law: Decisions & Judgments

Topic

Section 223 companies act 2016

Legal area

Court

27 Aug 2024

WONG CHONG KIEW 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

Citation

BA-24NCC-103-09/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-103-09/2023 (Mahkamah Tinggi)

The application was dismissed because the court found the disposal complied with section 223 (having been approved at a duly convened EGM with valuation evidence), the plaintiff's claims were barred by res judicata and constituted an abuse of process, the plaintiff did not act in good faith and failed to disclose material facts, and the reliefs sought were academic as the sale had been completed; costs awarded and counterclaim struck out with liberty to file afresh.
24 Nov 2023

1. ) HSL Plastics Sdn Bhd 2. ) Lim Shen Lee 3. ) Lim Kai Meng 1. ) TNL Plastic Manufacturer Sdn Bhd 2. ) Ho Shen Lee (M) Sdn Bhd 3. ) Tan Ken Meng

Citation

BA-22NCC-96-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-96-07/2020 (Mahkamah Tinggi)

Court found credible evidence (handwriting expert and Purchase Orders) that the co‑director approved the sale; HSL Plastics received payment of the sale price so no loss was occasioned; the statutory provisions relied upon (ss 218 and 223 Companies Act 2016) were not in force at the time of the transactions and, in any event, do not confer a private law remedy; accordingly plaintiffs failed to prove breach or entitlement to relief and their claims are dismissed; counterclaim is inappropriate for determination in this action and is dismissed.
27 May 2022

ISMAIL BIN OTHMAN 1. ) DUTA SKYLINE SDN. BHD. 2. ) AMAZING SYMPHONY SDN BHD

Citation

BA-24NCC-122-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-122-08/2019 (Mahkamah Tinggi)

The Share Sale Agreement (clause 11.2) vested the plaintiff with a contractual protective right over the land such that the 1st Defendant could not create encumbrances without the plaintiff's prior written consent; the JVA and attendant power of attorney were executed without that consent and without required shareholder approvals under s.223 Companies Act 2016, rendering the JVA void and unenforceable; the plaintiff therefore had standing to seek declaratory and injunctive relief and the interlocutory injunction should be maintained; striking out was inappropriate as the claim was not plainl…

Malaysia Case Law

WONG CHONG KIEW 1. ) SAMALEGA SDN BHD 2. ) TAN KENG THYE 3. ) LEE HOCK SENG

1. ) HSL Plastics Sdn Bhd 2. ) Lim Shen Lee 3. ) Lim Kai Meng 1. ) TNL Plastic Manufacturer Sdn Bhd 2. ) Ho Shen Lee (M) Sdn Bhd 3. ) Tan Ken Meng

ISMAIL BIN OTHMAN 1. ) DUTA SKYLINE SDN. BHD. 2. ) AMAZING SYMPHONY SDN BHD