Malaysia Case Law: Decisions & Judgments

Topic

Setting aside judgment/order

Legal area

Court

5 Aug 2024

ELAYNE CHAN SU WERN ERIC TAN CHOON POOH

Citation

BA-24F-217-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24F-217-08/2023 (Mahkamah Tinggi)

Defendant's application to set aside the Exemption Order was dismissed because (1) substituted service was valid and not challenged by proper proceedings; (2) Defendant knew of and consented to a decree (Acknowledgement of Receipt) and participated in proceedings, so he had taken steps with knowledge of the order; (3) there was inordinate unexplained delay in seeking to set aside the order; (4) Plaintiff demonstrated exceptional circumstances (harassment, threats, psychiatric harm to Plaintiff and children and failed family reconciliation) making referral to a conciliatory body impracticable;…
17 Oct 2022

EXPO ELECTRONICS SDN BHD Suruhanjaya Syarikat Malaysia (SSM) PENCELAH 1. ) Dato Seri Yap Seng Yew 2. ) Datin Seri Gan Li Li

Citation

WA-24NCC-131-03/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-131-03/2018 (Mahkamah Tinggi)

The proposed interveners were not entitled to intervene because the reinstatement order affected the company and not them personally and they were not a party required by statute; no breach of natural justice was established that would fall within the narrow exception allowing post-judgment intervention. Further, allegations of concealment, dishonesty and fraud were quasi-criminal and required a fresh suit and trial with fresh evidence; the application was also barred by inordinate delay and laches. Accordingly the intervention and set-aside application was dismissed with costs.

Malaysia Case Law

ELAYNE CHAN SU WERN ERIC TAN CHOON POOH

EXPO ELECTRONICS SDN BHD Suruhanjaya Syarikat Malaysia (SSM) PENCELAH 1. ) Dato Seri Yap Seng Yew 2. ) Datin Seri Gan Li Li