Malaysia Case Law: Decisions & Judgments

Topic

Setting aside judgment for fraud

Legal area

Court

7 Aug 2025

SOO CHEONG PUI 1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN

Citation

BA-12B-11-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-11-02/2025 (Mahkamah Tinggi)

The appeal is dismissed because the Appellant failed to prove, on the balance of probabilities, that the Impugned Judgment was obtained by fraud; the Appellant did not discharge the burden to call key witnesses or to establish forgery, the trial court's findings were unassailable on appeal, and prior trial and appellate opportunities (including fresh evidence avenues) bar re‑litigation of the issue.
4 Aug 2025

HENRY PURWARDI MBF NORTHERN SDN. BHD.

Citation

WA-24PW-3-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24PW-3-05/2025 (Mahkamah Tinggi)

The court found the applicant had demonstrated a real, genuine and serious dispute and a prima facie case that could not be adequately resolved in the winding up; accordingly leave under s.471 was granted, but conditioned on payment of RM5,000,000 as security for costs into a joint stakeholders account within 30 days, failing which the leave is revoked; the respondent's rights to bring interlocutory applications including striking out are preserved.
22 Apr 2025

1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-22NCC-591-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-591-11/2022 (Mahkamah Tinggi)

Court found Expo, its liquidators (Lim Litt, Heng Ji Keng) and its solicitors deliberately concealed the prior binding judgment and material facts and that such concealment was conscious, deliberate and causative of the reinstatement order dated 28-6-2018; signatures and instruments relied on to remove plaintiffs and appoint new officers were forged; consequently the 28-6-2018 order was set aside, director and secretary appointments and share transfers were voided, company register must be rectified to pre-reinstatement status, post-reinstatement actions declared null and exemplary damages an…
22 Apr 2025

1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-22NCC-591-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-591-11/2022 (Mahkamah Tinggi)

Court held plaintiffs proved that Expo, its liquidators and associated solicitors deliberately concealed the prior binding judgment of Suraya Othman J and material facts in the s.555 reinstatement application, conduct which amounted to conscious and deliberate dishonesty that was material and causative of the reinstatement order dated 28-6-2018; forged signatures were proven; accordingly the reinstatement order was set aside, related appointments/transfers and post-reinstatement acts were declared void, plaintiffs' corporate status and registers were to be restored to pre-reinstatement state,…
15 Apr 2025

PEMPETISYEN 1. ) Chung Yoo Hock 2. ) Oceanergy Gases Sdn Bhd Zumatex Engineering Sdn Bhd

Citation

WA-28NCC-706-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-706-07/2024 (Mahkamah Tinggi)

The court held that Zumatex’s failure to comply with a valid statutory demand triggered the presumption of inability to pay; the undisputed portion of the judgment debt exceeded the statutory minimum and Zumatex failed to rebut the presumption with its financial evidence; a pending suit challenging only parts of the judgment did not defeat the winding up petition as the judgment remains effective until stayed or set aside; accordingly the winding up order was justified.
10 Feb 2022

1. Ghandi Rajan a/l Arjunan 2. Malaercoady a/p Kumarasamy 3. Yow Man Kong @ Senthil Kumar Yow Man Kong @ Senthil Kumar

Citation

BA-22NCvC-275-06/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-275-06/2018 (Mahkamah Tinggi)

On the totality of contemporaneous documents and conduct the SPA of 10.01.2013 was a sham masking an interest-bearing loan; the Defendant was an unlicensed moneylender; the Settlement Agreement flowed from and was tainted by that illegality; the Sessions Court judgment based on the tainted settlement was obtained in circumstances amounting to fraud on the court and is set aside; monetary losses lie where they fall and each party bears own costs.
25 May 2021

GUANALAN A/L PECHIMUTU JEYA PRAKASH A/L ARASAN PENCELAH PACIFIC & ORIENT INSURANCE CO BERHAD

Citation

JA-A53KJ-894-10/2015 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-894-10/2015 (Mahkamah Sesyen)

The application to intervene was dismissed because it was brought after the proceedings had concluded and after judgment had been entered, the applicant cited incorrect procedural provisions and thus was procedurally defective, the court was functus officio with respect to intervention in the concluded action and the proper remedy for alleged fraud is a fresh action to impeach the judgment; accordingly intervention and stay were refused and costs awarded.

Malaysia Case Law

SOO CHEONG PUI 1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN

HENRY PURWARDI MBF NORTHERN SDN. BHD.

1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

1. ) DATO SERI YAP SENG YEW 2. ) DATIN SERI GAN LI LI 1. ) EXPO ELECTRONICS SDN BHD 2. ) CEKAP ASIA SDN BHD 3. ) ABU BAKAR BIN AHMAD 4. ) SYED NAGIFF BIN SYED MOKHTAR 5. ) LIM LITT 6. ) HENG JI KENG 7. ) Suruhanjaya Syarikat Malaysia (SSM)

PEMPETISYEN 1. ) Chung Yoo Hock 2. ) Oceanergy Gases Sdn Bhd Zumatex Engineering Sdn Bhd

1. Ghandi Rajan a/l Arjunan 2. Malaercoady a/p Kumarasamy 3. Yow Man Kong @ Senthil Kumar Yow Man Kong @ Senthil Kumar

GUANALAN A/L PECHIMUTU JEYA PRAKASH A/L ARASAN PENCELAH PACIFIC & ORIENT INSURANCE CO BERHAD