Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ancillary proceedings

  • 14 Dec 2023

    GENNEVA SDN BHD PIHAK KETIGA Dato Vengadasalam Letchumi Kandan

    Citation
    W-09-200-05/2022 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-09-200-05/2022 (Mahkamah Rayuan)

    The Court held that third party adjudication under s.61 is ancillary to and contingent upon the prosecution first establishing that the seized properties are forfeitable under ss.55/56; the High Court erred in remitting third party claims without first deciding the prosecution's appeal on the forfeiture application. The appeal was allowed, the High Court order set aside, and the Court directed the High Court to first hear the prosecution's appeal; only if that appeal succeeds shall third party claims be remitted to the Sessions Court for adjudication under the Act.

  • 14 Dec 2023

    Genneva Sdn Bhd Tetuan Gooi & Azura

    Citation
    W-09-205-05/2022 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-09-205-05/2022 (Mahkamah Rayuan)

    The Court held that third party claims under s.61 cannot be adjudicated before the prosecution establishes that the seized properties are forfeitable and a preliminary forfeiture order is made; the High Court erred by remitting respondents' claims to the sessions court following dismissal of the forfeiture application and its order to remit is set aside; the proper sequence requires the High Court to first determine the prosecution's appeal on forfeiture before ancillary s.61 proceedings are engaged.

  • 14 Dec 2023

    GENNEVA SDN BHD YEAP SWAN KIM @ YEAP GAIK IMM

    Citation
    W-09-201-05/2022 (Mahkamah Rayuan)
    Court
    Court of Appeal
    Case number
    W-09-201-05/2022 (Mahkamah Rayuan)

    The Court allowed the appeal, held that ancillary proceedings under section 61 are contingent on the prosecution first establishing that the seized properties are forfeitable under the Act, set aside the High Court's order remitting third party claims to the Sessions Court, reinstated the respondents' appeals, and directed the High Court to first hear the prosecution's appeal against dismissal of the forfeiture application; only if that appeal succeeds may the third parties' claims be remitted for adjudication under section 61.