Malaysia Case Law: Decisions & Judgments

Topic

Disqualification from directorship

Legal area

Court

12 Jun 2025

NG KAE JENG 1. ) INVENPRO (M) SDN BHD 2. ) LIANG KIEN HUI 3. ) KAMARUL BAHRIN BIN ABDULLAH PENCELAH Suruhanjaya Syarikat Malaysia (SSM)

Citation

WA-24NCC-337-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-337-07/2024 (Mahkamah Tinggi)

The court found the Defendants proved special circumstances: execution would irreversibly undermine completed property transactions and creditor payments (RM8.3m), practical impossibility to comply with a mandated registered address and CCM update by dismissed/disqualified officers, ongoing bank servicing by the Second Defendant whose disruption would trigger enforcement, and inevitable termination of substantial pending suits (approx. RM3.4m) if the Plaintiff gained sole control; accordingly a temporary stay of execution pending determination of the appeal was necessary to prevent irreparabl…
13 Apr 2023

Suruhanjaya Sekuriti Malaysia Toh Kai Fatt

Citation

WA-22NCC-416-09/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-416-09/2021 (Mahkamah Tinggi)

On the balance of probabilities the defendant received material non-public information from PW2 (an insider) as established by compelling circumstantial evidence (intense communications timed with large, atypical purchases, acquisition patterns and volume), the information was not generally available until the Bursa Announcement and was material (a proposed takeover would reasonably influence investors), and the defendant traded while in possession of that information; accordingly the defendant contravened s188(2)(a) CMSA and is liable to remedies under s201(5) and s360 CMSA.

Malaysia Case Law

NG KAE JENG 1. ) INVENPRO (M) SDN BHD 2. ) LIANG KIEN HUI 3. ) KAMARUL BAHRIN BIN ABDULLAH PENCELAH Suruhanjaya Syarikat Malaysia (SSM)

Suruhanjaya Sekuriti Malaysia Toh Kai Fatt