Malaysia Case Law: Decisions & Judgments

Topic

Creditor standing

Legal area

Court

14 Nov 2022

PEMPETISYEN RAUB MINING & DEVELOPMENT COMPANY SDN BHD AKAY HOLDINGS SDN BHD

Citation

WA-28NCC-885-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-885-12/2021 (Mahkamah Tinggi)

Petition dismissed because the alleged debt for gold tribute was seriously disputed on both fact and law, the dispute must be resolved by the civil courts rather than by winding up, the petitioner at best was a contingent creditor and the petition amounted to an abuse of process/ collateral pressure; just and equitable grounds were not proven by independent evidence.
11 Mar 2022

PEMPETISYEN Datuk Seri Gopal Sri Ram, Wong Yee Chue, Yasmeen Soh Sha-Nisse and Lai Wing Ee for the Petitioner [Messrs Y.C Wong] Mark Ho Hing Kheong and Pang Xi Luan for the Respondent/Applicant [Messrs Chellam Wong]

Citation

COMPANIES (WINDING-UP) PETITION NO. WA-28NCC-885-12/2021 (Mahkamah Tinggi)
Court

WINDING-UP
Case number

COMPANIES (WINDING-UP) PETITION NO. WA-28NCC-885-12/2021 (Mahkamah Tinggi)

The motion to strike out was dismissed because the Petition raised prima facie credible issues — including disputed factual questions about mining operations, payment of gold tributes, mandate, mala fides and possible breach of interim injunction — which could not be resolved summarily; under s464(1)(b) the Petitioner qualifies to present the petition and summary striking out is inappropriate where the claim is not obviously unsustainable.
31 Jan 2020

CIMB Bank Berhad Teratai Sanjung (M) Sdn Bhd

Citation

WA-28NCC-269-03/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-269-03/2019 (Mahkamah Tinggi)

The consent judgment dated 26.10.2009 is a valid and enforceable judgment that forms the basis of the statutory demand; there is no evidence of fraud or collusion to allow this court to go behind it; the petitioner is a creditor for purposes of the petition; the petition is not time‑barred because winding up proceedings based on the judgment fall within the 12‑year limitation; the statutory demand was valid despite minor inaccuracies so long as the claimed sum exceeded the statutory threshold and remained unpaid; consequently the winding up order in terms of the petition is justified.

Malaysia Case Law

PEMPETISYEN RAUB MINING & DEVELOPMENT COMPANY SDN BHD AKAY HOLDINGS SDN BHD

PEMPETISYEN Datuk Seri Gopal Sri Ram, Wong Yee Chue, Yasmeen Soh Sha-Nisse and Lai Wing Ee for the Petitioner [Messrs Y.C Wong] Mark Ho Hing Kheong and Pang Xi Luan for the Respondent/Applicant [Messrs Chellam Wong]

CIMB Bank Berhad Teratai Sanjung (M) Sdn Bhd