Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Attribution of corporate knowledge

Legal area

Court

27 Apr 2026

1. ) YAP WEE CHUN 2. ) ASHAK BIN HASSAN JALEX SDN BHD

Citation

W-02(NCC)(W)-1223-07/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-1223-07/2022 (Mahkamah Rayuan)

Section 540(1) CA 2016 extends to corporate 'persons' read with the Interpretation Act; the Court may infer subjective dishonest intent where a company continued to incur debts after its dedicated funding (TL3) was exhausted with no credible alternative funding and where concealment and non‑disclosure occurred; Yap and Ashak were directing minds of KLL and Yap's knowledge was attributable to CPSB such that CPSB, Yap and Ashak were 'knowing parties' under s.540(1); appeals dismissed and costs awarded.
27 Apr 2026

CITY PROPERTIES SDN BHD JALEX SDN BHD

Citation

W-02(NCC)(W)-1226-07/2022 (Mahkamah Rayuan)
Court

NCC
Case number

W-02(NCC)(W)-1226-07/2022 (Mahkamah Rayuan)

Court held s.540(1) CA 2016 includes bodies corporate as 'person' under ordinary statutory interpretation (Interpretation Acts s.3 applies), dishonest intent can be inferred where a company continued incurring debts after the TL3/RM33m budget was exhausted with no alternative funding and where concealment/misrepresentation and non‑production of key documents occurred, and knowledge of the directing mind (Yap) was properly attributable to CPSB; therefore appellants failed and both appeals dismissed.