Malaysia Case Law: Decisions & Judgments

Topic

Section 66 companies act 2016

Legal area

Court

6 Oct 2023

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Citation

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)

Order 14A application dismissed at stage 1 because a negative answer on s66 execution would not dispose of the entire dispute; Section 66 is limited to documents required to be under common seal and the proposed question was wrongly framed; court declines to answer the Proposed Question and dismisses the application with costs.
6 Oct 2023

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Citation

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)

Defendant failed to establish a triable issue under Order 14; s66 was inapt because the agreement was not required to be executed under common seal; defendant had effectively admitted the debt via audit confirmation letters and plaintiff performed the contractual obligations, therefore summary judgment was entered for the plaintiff for RM1,179,450.34 with costs.
6 Oct 2023

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Citation

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-182-04/2023 (Mahkamah Tinggi)

Section 66 does not render the Agreement invalid because it applies only where execution under common seal is required; the pleaded facts and admissions (including audit admission letters and performance) established a prima facie entitlement to the claimed sums, so the defendant's counterclaim based solely on alleged non‑compliance with s66 was a non‑triable, technical defence and the counterclaim was struck out.

Malaysia Case Law

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd

Linear Consulting Sdn Bhd Coneff Corporation Sdn Bhd