Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Unlawful dividend

Legal area

Court

2 Mar 2021

GOLDEN AFFINITY DEVELOPMENT SDN. BHD. LIM YOK WAH & 8 ORS

Citation

WA-22NCC-472-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-472-08/2019 (Mahkamah Tinggi)

The court found credible evidence that the plaintiff, a company in liquidation, was unable to pay defendants' costs (including the plaintiff's own admissions and depleted liquidator funds), satisfying the two-stage test under Skrine & Co and s.580A; the application was not unreasonably delayed or oppressive; exercising discretion the court reduced the quantum sought and ordered security of RM60,000 to be deposited within 21 days.
20 May 2020

GOLDEN AFFINITY DEVELOPMENT SDN BHD 1. LIM YOK WAH 2. LIM BOON KANG 3. SEE KOK SENG 4. LEE HAW HANN 5. ES ENG SOON HOLDINGS SDN BHD 6. ES ENG SOON PROPERTIES SDN BHD 7. HOE FOONG DEVELOPMENT SDN BHD 8. LEONG TAT CHEE 9. LOH KONG MENG

Citation

22NCC-472-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-472-08/2019 (Mahkamah Tinggi)

The discovery and production application was dismissed because the plaintiff failed to establish necessity under O.24 read with rr.8 and 13(1); the SPAs were unnecessary as the purchase of the properties was undisputed and would not affect disposal of the suit; the plaintiff failed to show the tenancy agreements were in the defendants' possession and the request amounted to a fishing expedition.