Malaysia Case Law: Decisions & Judgments

Topic

Bankruptcy proceedings

Legal area

Court

12 Aug 2025

1. ) Good Quantum Sdn. Bhd. 2. ) Datuk Chang Kok Chuang 3. ) Right Development Activities Sdn. Bhd. Alliance Investment Bank Berhad

Citation

WA-28PW-277-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-277-10/2021 (Mahkamah Tinggi)

Claims and evidence relating to losses arising from the rejection of the PCB Restructuring Scheme were excluded because the Court of Appeal made no finding that the rejection was caused by the bank; the primary appellate declaration that the novation, repayment agreement and guarantee were void restored the status quo and precluded GQSB from asserting ownership-based claims for wrongful or negligent sale; only RM1,059,671.84 (partial payment under the repayment agreement) is recoverable to GQSB with specified interest; RDA's RM50 million claim and Datuk Chang's claims for reputational/emotion…
17 Jan 2025

CIMB BANK BERHAD 1. ) CHAN KIM GOH 2. ) CHAN KUM CHONG

Citation

WA-22NCC-163-03/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-163-03/2024 (Mahkamah Tinggi)

The application for a stay of execution was dismissed because the defendants failed to demonstrate special circumstances relating to enforcement of the monetary judgment (merits of the appeal and personal financial difficulties do not qualify), and there was no evidence the plaintiff could not reimburse the judgment sums if the appeal succeeds.
16 Apr 2024

KETHEESWARAN A/L M. KANAGARATNAM BANK PEMBANGUNAN MALAYSIA BERHAD

Citation

BA-22NCC-63-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-63-05/2023 (Mahkamah Tinggi)

The Court struck out the Plaintiff's writ and statement of claim because the pleaded allegations and legal arguments were identical to issues previously adjudicated and dismissed, thus barred by res judicata and issue estoppel; the action constituted an abuse of process as a collateral attack on a final judgment; and the causes of action were time-barred under the Limitation Act, with no pleaded actual fraud sufficient to impeach the prior judgment.
8 Nov 2022

UNIVERSITI SAINS MALAYSIA 1. ) MOKHTAR BIN AWANG [NO. K/P: A1937673 (lama)/710710-11-5547 (baru)] 2. ) KU SHAARI BIN KU SAAD [NO. K/P: 3380300 (lama)/421020-02-5375 (baru)] 3. ) AHMAD FAUZI BIN RAMLI [NO. K/P: 6785651 (lama)/620710-11-5361

Citation

2-611-2010 (Mahkamah Tinggi)
Court

High Court
Case number

2-611-2010 (Mahkamah Tinggi)

The application was dismissed because the court found on the balance of probabilities that service of the Writ and Judgment was properly effected, the default judgment was therefore regularly obtained, the 1st Defendant failed to file an affidavit of merits or draft defence disclosing an arguable triable issue, and there was an unexplained and inordinate delay of approximately ten years beyond the mandatory time limit, undermining the exercise of discretion to set aside the judgment.
19 Dec 2020

CIMB Bank Berhad 1. Ginza Concrete Sdn Bhd & 4 Lagi

Citation

D9-22-2218-2008 (Mahkamah Tinggi)
Court

High Court
Case number

D9-22-2218-2008 (Mahkamah Tinggi)

Leave to execute was refused because the plaintiff failed to provide sufficient reasons for the delay in enforcing a judgment of more than six years; critical grounds relied upon by the plaintiff (inability to serve bankruptcy documents due to defendant's domicile and personal service requirements) were not pleaded in the notice or supporting affidavit and thus could not be relied upon as afterthoughts; prejudice from the escalation of the debt reinforced that leave should not be granted.
16 Oct 2019

Ramasundramoorthy A/L Permalu Gregory Yusran & Associates

Citation

B-03(IM)(NCVC)-21-03/2019 (Mahkamah Rayuan)
Court

IM
Case number

B-03(IM)(NCVC)-21-03/2019 (Mahkamah Rayuan)

The Court allowed the appeal because the appellant satisfactorily explained the delay and established a prima facie meritorious defence supported by affidavit evidence and contractual documents (showing a deductions/recoupment mechanism from compensation awards), therefore the regular default judgment was set aside to permit a full trial of the substantive issues.

Malaysia Case Law

1. ) Good Quantum Sdn. Bhd. 2. ) Datuk Chang Kok Chuang 3. ) Right Development Activities Sdn. Bhd. Alliance Investment Bank Berhad

CIMB BANK BERHAD 1. ) CHAN KIM GOH 2. ) CHAN KUM CHONG

KETHEESWARAN A/L M. KANAGARATNAM BANK PEMBANGUNAN MALAYSIA BERHAD

UNIVERSITI SAINS MALAYSIA 1. ) MOKHTAR BIN AWANG [NO. K/P: A1937673 (lama)/710710-11-5547 (baru)] 2. ) KU SHAARI BIN KU SAAD [NO. K/P: 3380300 (lama)/421020-02-5375 (baru)] 3. ) AHMAD FAUZI BIN RAMLI [NO. K/P: 6785651 (lama)/620710-11-5361

CIMB Bank Berhad 1. Ginza Concrete Sdn Bhd & 4 Lagi

Ramasundramoorthy A/L Permalu Gregory Yusran & Associates