Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Corporate veil/alter ego

Legal area

Court

26 Nov 2020

EMBUN KARISMA RESOURCES (M) SDN BHD [COMPANY NO. 737690-W] NAGARAJU A/L VENGADASALU [NRIC NO. 750719-01-7229]

Citation

JA-22NCVC-179-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-179-10/2019 (Mahkamah Tinggi)

Application dismissed because Order 15 r.6(4) prohibits adding a person as plaintiff without written consent; Muthusamy refused to be added as plaintiff; adding him as defendant was unnecessary because the Defendant can contest at trial that the company, not Muthusamy, was the lender; speculative future suits do not justify joinder.
3 Aug 2020

DIRIJOHAN SDN BHD MULTAZAM DEVELOPMENT SDN BHD & 2 LAGI

Citation

WA-22C-104-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-104-12/2019 (Mahkamah Tinggi)

Application dismissed because applicant failed to produce credible evidence (eg audited accounts) to demonstrate the plaintiff company would be unable to pay defendants' costs; being subject to winding up proceedings alone is insufficient and the plaintiff presented evidence of ongoing business and receivables negating the need for security for costs.