Malaysia Case Law: Decisions & Judgments

Topic

Share transfer disputes

Legal area

Court

27 Apr 2023

1. ) Sivasubramaniam Sivayogarajasingam 2. ) Yasimin Bin Yusoff Saumian Sivayogarajasingam

Citation

BA-22NCC-98-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-98-07/2022 (Mahkamah Tinggi)

The High Court judge has statutory power under O.57 r.1 and relevant provisions to transfer a case to another High Court judge within the same territorial jurisdiction (Malaya) irrespective of branch/division/locality; consolidation is not a prerequisite to transfer; given the interrelated suits, risk of conflicting decisions and available trial schedule, transfer of NCvC10 to NCvC3 is appropriate and just.
21 Feb 2023

ZAKRI AFANDI BIN ISMAIL 1. ) IKWAN HAFIZ BIN JAMALUDIN 2. ) NUR ANIS BINTI JAMALUDIN 3. ) IVORY INSIGHTS SDN. BHD. 4. ) Tengku Zahaimi Bin Tuan Hashim

Citation

WA-22NCC-23-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-23-01/2022 (Mahkamah Tinggi)

The injunctions were granted because the statements of claim disclosed prima facie causes of action and bona fide serious issues to be tried, the balance of convenience favoured preserving the status quo (injury to plaintiff and his commercial interests would be irreparable), damages were inadequate, and the delay was satisfactorily explained and did not bar relief; findings in the related estate suit did not resolve the validity of the transfers or removal of the director and therefore did not preclude grant of the injunctions.
21 Feb 2023

ZAKRI AFANDI BIN ISMAIL 1. ) IKWAN HAFIZ BIN JAMALUDIN 2. ) NUR ANIS BINTI JAMALUDIN 3. ) IVORY INSIGHTS SDN. BHD. 4. ) Tengku Zahaimi Bin Tuan Hashim

Citation

WA-22NCC-23-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-23-01/2022 (Mahkamah Tinggi)

The court held the ownership of the subject shares was finally determined in the Aminah Suit and affirmed on appeal; the plaintiff was a privy to that litigation and elected not to intervene; therefore the present claims raise the same issues or issues that could have been raised earlier, disclose no reasonable cause of action, constitute an abuse of process and are scandalous, frivolous and vexatious — accordingly both suits are struck out with costs.

Malaysia Case Law

1. ) Sivasubramaniam Sivayogarajasingam 2. ) Yasimin Bin Yusoff Saumian Sivayogarajasingam

ZAKRI AFANDI BIN ISMAIL 1. ) IKWAN HAFIZ BIN JAMALUDIN 2. ) NUR ANIS BINTI JAMALUDIN 3. ) IVORY INSIGHTS SDN. BHD. 4. ) Tengku Zahaimi Bin Tuan Hashim

ZAKRI AFANDI BIN ISMAIL 1. ) IKWAN HAFIZ BIN JAMALUDIN 2. ) NUR ANIS BINTI JAMALUDIN 3. ) IVORY INSIGHTS SDN. BHD. 4. ) Tengku Zahaimi Bin Tuan Hashim