Malaysia Case Law: Decisions & Judgments

Topic

Setting aside ex parte orders

Legal area

Court

18 Sept 2025

SMART TECH INNOVATIVE SDN BHD PENCELAH ANCALA MEGAH SDN. BHD.

Citation

DI-A54-4-03/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-A54-4-03/2025 (Mahkamah Sesyen)

The proposed intervener's applications were dismissed because it failed to establish locus standi or any proprietary interest in the goods; the applicant proved ownership by documentary evidence and obtained a valid ex parte mandatory injunction; the intervener's dispute is a separate personal debt claim against Iscorp and Rosmadi and does not confer rights over the applicant's goods, therefore leave to intervene and the setting aside of the injunction were refused and costs awarded to the applicant.
12 Jun 2025

REN BIOMED SDN BHD EUMAXCO HOLDING SDN BHD

Citation

WA-12ANCvC-193-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-193-11/2024 (Mahkamah Tinggi)

The Sessions Court materially misdirected itself by failing to consider credible affidavit and documentary evidence raising triable issues about the existence of a tenancy; reliance solely on a signed tenancy agreement was insufficient where its legal effect was seriously challenged, therefore the Sessions Court order and the writ of distress must be set aside.
19 Jan 2024

BANK PEMBANGUNAN MALAYSIA BERHAD 1. ) Sidqi Ahmad Said Bin Ahmad 2. ) Shailen A/l Popatlal 3. ) Wan Alias Bin Wan Ngah 4. ) Roslina Binti Ibrahim 5. ) Abdul Wahid Bin Abdul Ghani 6. ) Mohd Radzi Bin Mohamed 7. ) Muhammad Shazhakim Bin Shaza

Citation

WA-22NCC-264-06/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-264-06/2022 (Mahkamah Tinggi)

The court held that while the plaintiff in many instances established a 'good arguable case' on the merits against multiple defendants, it failed to adducesufficient contemporaneous and objective evidence of a real risk of asset dissipation necessary to justify substantive Mareva injunctions; accordingly Enclosure 106 and Enclosure 349 Mareva applications were dismissed as to the named defendants, but the ex parte Mareva order granted earlier was not set aside by the applications to set it aside (Enclosures 44,117,158) given the lower threshold at ex parte stage and plaintiff's credible appre…
7 Sept 2023

1. ) IOUPAY LIMITED 2. ) ISENTRIC SDN BHD 3. ) IOU PAY (ASIA) SDN BHD 4. ) DATAMORPH SERVICES SDN BHD 1. ) KUAN CHOON HSUING 2. ) YONG YUEN YEEN 3. ) YONG YUEN NEE 4. ) ASPIRE PROJECT MANAGEMENT SDN BHD 5. ) Edward Tan Tee Tong 6. ) Liew Jw

Citation

WA-22NCC-137-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-137-03/2023 (Mahkamah Tinggi)

The ex parte Anton Piller and Mareva orders were set aside for failure of full and frank disclosure; however, on the inter partes hearing the court found plaintiffs had established an extremely strong prima facie case for Anton Piller relief and a good arguable case for a Mareva injunction, and there was a real risk of asset dissipation and destruction of evidence by the defendants, therefore inter partes Anton Piller and Mareva injunctive relief were granted; plaintiffs' alleged impecuniosity did not negate a meaningful undertaking to damages where the impecuniosity was caused by the defenda…
14 Oct 2020

JOHO MARINE SOLUTION SDN BHD (COMPANY NO: 1342034-U) PEMILIK KAPAL ATAU VESSEL “MEISUN H 20” (No Pendaftaran : 139920438) berdaftar di Perlabuhan Belize

Citation

JA-27NCC-1-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-27NCC-1-07/2020 (Mahkamah Tinggi)

The ex parte warrant of arrest was set aside because the plaintiff failed to disclose material facts in the ex parte application (inconsistent statements on amounts paid, non-disclosure of a key invoice/quotation, unclear/overlapping claims, failure to disclose the defendant's ownership and sale arrangements and the illegal docking status), such that admiralty jurisdiction was wrongly invoked and the arrest could not be maintained.
10 Jul 2020

Jeganathan a/l Paramachivain Liberty Insurance Berhad

Citation

PA-12A-9-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12A-9-03/2019 (Mahkamah Tinggi)

The Sessions Court was wrong to treat itself as functus officio; O28 r4(1) permits rehearing of orders made in absence. The proviso to s96(3) RTA confers a statutory right on third parties to be made parties and to contest, thus privity does not bar the appellant. Courier service to a known address is equivalent to personal/AR service and was prima facie effective; absence of proof that the appellant personally received the declaratory order meant the 30‑day period under O42 r13 had not commenced so there was no inordinate delay. The appellant disclosed a bona fide defence on the merits (titl…
24 Feb 2020

1. QUANTUM PETROLEUM (M) SDN. BHD. 2. RALPH MICHEAL 1. MANIMARAN PERIASAMY 2. HO SEE KEONG 3. CLOUD DIGITAL TRADE IMPORT EXPORT SDN. BHD. 4. QUANTUM SUPREMO OIL (M) SDN. BHD. 5. NANO C VENTURES SDN. BHD. 6. NANO SDN. BHD. 7. QS LUBRICANT SD

Citation

WA-22IP-14-04/2017 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-14-04/2017 (Mahkamah Tinggi)

The Ex Parte Anton Piller Order was set aside in its entirety because plaintiffs failed to show an extremely strong prima facie case, failed to identify alleged confidential information and IP rights, produced no evidence that defendants possessed relevant evidence, failed to show a real possibility of destruction or concealment, and the second plaintiff breached the confidentiality undertaking; notwithstanding setting aside, illegally obtained APO evidence is admissible at trial if relevant under the Evidence Act; second plaintiff guilty of two contempts fined RM10,000 (default 7 days); firs…

Malaysia Case Law

SMART TECH INNOVATIVE SDN BHD PENCELAH ANCALA MEGAH SDN. BHD.

REN BIOMED SDN BHD EUMAXCO HOLDING SDN BHD

BANK PEMBANGUNAN MALAYSIA BERHAD 1. ) Sidqi Ahmad Said Bin Ahmad 2. ) Shailen A/l Popatlal 3. ) Wan Alias Bin Wan Ngah 4. ) Roslina Binti Ibrahim 5. ) Abdul Wahid Bin Abdul Ghani 6. ) Mohd Radzi Bin Mohamed 7. ) Muhammad Shazhakim Bin Shaza

1. ) IOUPAY LIMITED 2. ) ISENTRIC SDN BHD 3. ) IOU PAY (ASIA) SDN BHD 4. ) DATAMORPH SERVICES SDN BHD 1. ) KUAN CHOON HSUING 2. ) YONG YUEN YEEN 3. ) YONG YUEN NEE 4. ) ASPIRE PROJECT MANAGEMENT SDN BHD 5. ) Edward Tan Tee Tong 6. ) Liew Jw

JOHO MARINE SOLUTION SDN BHD (COMPANY NO: 1342034-U) PEMILIK KAPAL ATAU VESSEL “MEISUN H 20” (No Pendaftaran : 139920438) berdaftar di Perlabuhan Belize

Jeganathan a/l Paramachivain Liberty Insurance Berhad

1. QUANTUM PETROLEUM (M) SDN. BHD. 2. RALPH MICHEAL 1. MANIMARAN PERIASAMY 2. HO SEE KEONG 3. CLOUD DIGITAL TRADE IMPORT EXPORT SDN. BHD. 4. QUANTUM SUPREMO OIL (M) SDN. BHD. 5. NANO C VENTURES SDN. BHD. 6. NANO SDN. BHD. 7. QS LUBRICANT SD