Malaysia Case Law: Decisions & Judgments

Topic

Bankruptcy sanction

Legal area

Court

26 Feb 2024

1. ) CENMAL COMMERCIAL SDN BHD 2. ) LEE KIM TIONG @ LEE KIM YEW 3. ) WORK@H SDN BHD MALAYAN BANKING BERHAD

Citation

WA-22NCC-602-08/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-602-08/2023 (Mahkamah Tinggi)

The court struck out the plaintiffs' claim because the issues (including alleged illegality of interest) were identical to those adjudicated in Suit 548 and affirmed on appeal, could and should have been raised earlier, and the judgment was regularly obtained; additionally the second plaintiff lacked competence to sue due to bankruptcy without DGI sanction; therefore res judicata and incompetence barred the claim and justified striking out under Order 18 r 19.
20 Sept 2021

Rajeswari a/p Paramasevam for the Applicant [Messrs Salvan Rajes & Associates] Justin Leong Chee C’Jun and Chong Kar Man for the Respondent/Petitioner [Messrs Lee & Koh] LAIN-LAIN Nur Asmawati binti A Shaary for Official Receiver [Jabatan I

Citation

POST WINDING UP APPLICATION NO. WA-28PW-42-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

POST WINDING UP APPLICATION NO. WA-28PW-42-02/2021 (Mahkamah Tinggi)

Motion dismissed and struck out in limine because the applicant is bankrupt and cannot maintain the action without sanction of the Director General of Insolvency pursuant to s38(1)(a) Insolvency Act 1967 and s438 Companies Act 2016 requires the trustee to represent the contributory; alternatively, even on merits no special circumstances justified a further stay and the 2nd stay was expressly final and binding.

Malaysia Case Law

1. ) CENMAL COMMERCIAL SDN BHD 2. ) LEE KIM TIONG @ LEE KIM YEW 3. ) WORK@H SDN BHD MALAYAN BANKING BERHAD

Rajeswari a/p Paramasevam for the Applicant [Messrs Salvan Rajes & Associates] Justin Leong Chee C’Jun and Chong Kar Man for the Respondent/Petitioner [Messrs Lee & Koh] LAIN-LAIN Nur Asmawati binti A Shaary for Official Receiver [Jabatan I