Malaysia Case Law: Decisions & Judgments

Topic

Judicial management (s.410 companies act 2016)

Legal area

Court

31 Oct 2025

HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE

Citation

JA-17D-1-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-17D-1-02/2024 (Mahkamah Tinggi)

The court dismissed the committal action as premature and an abuse of process because the core factual issue (service of invoices) was already finally determined in the substantive suit (20.8.2024) and remains subject to appeal; finality/res judicata bars relitigation of the same facts in committal proceedings. Although s.410 moratorium does not automatically bar committal (criminal/quasi-criminal jurisdiction retained), it was unnecessary to resolve that bar because the committal was founded on an issue already finally adjudicated. Costs awarded on party-and-party basis (RM3,000 per successf…
31 Oct 2025

HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE

Citation

JA-17D-1-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

JA-17D-1-02/2024 (Mahkamah Tinggi)

The court held that the issue of service of invoices had been decided finally in the substantive suit and therefore could not form the basis of fresh committal proceedings (res judicata / finality of litigation); the committal was premature and an abuse of process under Order 18 r.19; judicial management s.410 did not bar committal per se but was irrelevant because the underlying issue was final; costs awarded on party‑and‑party basis, not indemnity.
17 May 2023

CHE NORMAH BT CHE KERMA 1. ) ACE CREDIT (M) SDN. BHD. 2. ) CHOONG CHEE MENG 3. ) Chang Ai Nee

Citation

WA-22NCC-503-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-503-10/2022 (Mahkamah Tinggi)

On construction of the agreement it is an investment agreement, not an illegal moneylending transaction; D1 breached by failing to pay the Investment Redemption Sum, and its extension letters and part payments constitute unequivocal acknowledgements of debt; D2 and D3 executed continuing guarantees and are jointly and severally liable; defendants failed to raise any bona fide triable issue or show consent was absent under s.86 such as would discharge the sureties; accordingly summary judgment was entered against D2 and D3 while proceedings against D1 were adjourned due to pending judicial man…

Malaysia Case Law

HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE

HONG XIN CONSTRUCTION SDN BHD TETUAN CHONG + KHENG HOE

CHE NORMAH BT CHE KERMA 1. ) ACE CREDIT (M) SDN. BHD. 2. ) CHOONG CHEE MENG 3. ) Chang Ai Nee