Malaysia Case Law: Decisions & Judgments

Topic

Capacity to sue

Legal area

Court

11 Mar 2024

ONG TEONG KHOON ONG TIONG HWA

Citation

PA-22NCvC-43-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-43-03/2023 (Mahkamah Tinggi)

Plaintiff was an undischarged bankrupt at the time he commenced the suit and had not obtained the prior sanction of the Director General of Insolvency as required by Insolvency Act 1967 s38(1)(a); therefore he lacked capacity to maintain the action and the suit was a nullity to be struck out in limine; the preliminary objection could be entertained despite absence of prior notice because it went to jurisdiction and there was no unfair surprise.
23 Feb 2022

ASIA PLANTATION CAPITAL PTE LTD 1. ) DAVID A/L SAVARIMUTHU 2. ) PUSPARANI A/P APPADURAI 3. ) RICKY THONG YEW FOOK

Citation

BA-24NCC-4-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-4-01/2022 (Mahkamah Tinggi)

Once a company has been wound up the capacity to institute or defend legal proceedings vests in the liquidator; the plaintiff company, having not obtained the liquidator's sanction, lacked locus standi to bring the originating summons and the action is an abuse of process; the preliminary objections were therefore upheld and the originating summons dismissed with costs; further, the originating summons ought to have been brought before the winding up court and the court's inherent jurisdiction cannot be used to override the statutory regime under the Companies Act 2016.
25 Feb 2021

MUSA BIN HASSAN & MOHAMMAD HAMAN PHAN SOW SUN

Citation

wa-23cy-58-11/2020 (Mahkamah Tinggi)
Court

High Court
Case number

wa-23cy-58-11/2020 (Mahkamah Tinggi)

The articles alleged against each plaintiff were different and did not raise common questions of fact nor arise from the same transaction or series of transactions; therefore joinder constituted misjoinder and the action was struck out with liberty to file afresh. Further, claims concerning the Fire Department cannot be pursued in the individual name of the 2nd plaintiff and should be brought by the Fire Department or Government of Malaysia.
10 Aug 2020

1. SILVAM A/L SELLAPAN (NRIC No.: 651102-03-5243) (Suing as Chairman of Board of Governors of Sekolah Jenis Kebangsaan (Tamil) Vivekananda, Petaling Jaya) 2. SUBRAMANIAN A/L KARUPPIAH NRIC No.: 750106-10-5285) (Suing as Chairman of Parent-T

Citation

BA-22NCVC-584-11/2018 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCVC-584-11/2018 (Mahkamah Tinggi)

The court held the School, BOG and PTA are not legal persons with capacity to sue under applicable education statutes and regulations; land could not lawfully be alienated or registered to them under s 10 LC(FMS) and s 43 NLC; the 4th Defendant possessed an equitable expectation of title from RIC approval which was preserved under s 4(1) NLC; the Declaration of Trust was invalid because there was no legal beneficiary and it conflicted with NLC; the initial registration in the School's name was unlawful and contrary to s 43 but the subsequent transfer to the 4th Defendant was valid and not pro…
M/S LAKSAMANA REALTY SDN BHD v GOH ENG HWA

Citation

M/S LAKSAMANA REALTY SDN BHD v GOH ENG HWA
Court

Malaysian court

The OA's prior sanction under s.38(1)(a) alone confers competence on a bankrupt to file a counterclaim; no assignment of vested property back to the bankrupt is required; lack of such prior sanction would render the filing a nullity and therefore the issue of locus standi can be raised at any stage including in submission.
LIM PENG LAN v BERJAYA GENERAL INSURANCE SDN BHD

Citation

LIM PENG LAN v BERJAYA GENERAL INSURANCE SDN BHD
Court

Malaysian court

The High Court held that the statutory provisions and precedents cited concerning life insurance policies do not apply to personal accident policies; therefore a named beneficiary under a personal accident policy does not have capacity to sue for policy moneys without probate or letters of administration.

Malaysia Case Law

ONG TEONG KHOON ONG TIONG HWA

ASIA PLANTATION CAPITAL PTE LTD 1. ) DAVID A/L SAVARIMUTHU 2. ) PUSPARANI A/P APPADURAI 3. ) RICKY THONG YEW FOOK

MUSA BIN HASSAN & MOHAMMAD HAMAN PHAN SOW SUN

1. SILVAM A/L SELLAPAN (NRIC No.: 651102-03-5243) (Suing as Chairman of Board of Governors of Sekolah Jenis Kebangsaan (Tamil) Vivekananda, Petaling Jaya) 2. SUBRAMANIAN A/L KARUPPIAH NRIC No.: 750106-10-5285) (Suing as Chairman of Parent-T

M/S LAKSAMANA REALTY SDN BHD v GOH ENG HWA

LIM PENG LAN v BERJAYA GENERAL INSURANCE SDN BHD