Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Section 466 companies act 2016 notice

Legal area

Court

5 May 2023

HSC LOGISTICS SDN. BHD. TEONG TIEK WAH

Citation

BA-24NCvC-759-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCvC-759-04/2023 (Mahkamah Tinggi)

Although the plaintiff demonstrated potential irreparable damage, the defendant's claim rested on a valid consent judgment which constituted an undisputed judgment debt enforceable without a fresh action; consequently the plaintiff failed to establish the required 'no chance of success' element for the first branch of the Fortuna injunction test and the application was an abuse of process and dismissed.
26 Nov 2019

PACIFIC SANCTUARY HOLDINGS SDN BHD (formerly known as IDEAL PRESTIGE SDN BHD) MASALAND CONSTRUCTION SDN BHD

Citation

S-02(IM)-2016-10/2018 (Mahkamah Rayuan)
Court

IM
Case number

S-02(IM)-2016-10/2018 (Mahkamah Rayuan)

The Court allowed the appeal, holding that the Plaintiff failed to provide any explanation for enforcing judgments after more than six years as required by Order 46 r.3; the Settlement Agreement of 28.5.2012 superseded and extinguished the prior judgments and orders, Clause 3 did not apply because the cash payment was made and Clause 8 permitted charging/assignment of the contra units, and therefore the High Court (learned JC) erred in granting leave to execute; the Plaintiff's remedy is to sue on the Settlement Agreement if there is an alleged breach.