Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Set aside ex-parte order

Legal area

Court

10 Jul 2025

MADRAS JEWELLER SDN. BHD. OWAIS AZAD BIN JAMIL

Citation

WA-A74-754-02/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A74-754-02/2025 (Mahkamah Majistret)

The ex‑parte warrant of distress was set aside because the Applicant failed to disclose material facts in the supporting affidavit and there exists a genuine dispute of material fact as to whether the Respondent was the tenant; wrongful distress resulted and the matter must proceed as writ/summons for oral evidence, with affidavits treated as pleadings.
15 Oct 2019

1. WANG ZHI YU 2. TEH WEI KIAN 1. TEO SUNG NGIAP 2. TEO KIM CHUANG 3. TEO SOON KEE 4. GARY KUO YIN HO 5. ROSA BIANCA INVESTMENT LIMITED 6. TEH CHIAO EING, VALARIE 7. WU KWOK YING, MARIA

Citation

WA-22NCC-443-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-443-08/2019 (Mahkamah Tinggi)

Plaintiffs failed to establish a serious question to be tried on ownership of the single Rosa Bianca share or on alleged fraudulent transfers and further materially non‑disclosed the BVI Stop Notice; on that basis the interlocutory relief was unjustified and the ex‑parte and ad‑interim injunctions were set aside and the interim application dismissed.