Malaysia Case Law: Decisions & Judgments

Topic

Oppression petition

Legal area

Court

12 Dec 2024

Nautilus Tug & Towage Sdn Bhd 1. ) Dato' Seri Suresh Emmanuel Abishegam 2. ) Dato' Ahmad Johari bin Tun Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato' Abd Latiff bin Ahmad 5. ) Jaya Sudhir a/l Jayaram 6. ) Azian binti Abdul Aziz 7. ) Nautical

Citation

WA-22NCC-151-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-151-03/2023 (Mahkamah Tinggi)

No special circumstances justified a stay. AMSB had elected arbitration for buyout relief and cannot now pursue identical relief via an oppression action; derivative and oppression remedies are distinct and can proceed concurrently; the trial was advanced (nine days) and staying it would cause prejudice and risk inconsistent findings. Enclosure 276 (stay application) is dismissed with costs.
19 Aug 2024

CJ POLYMERS SDN BHD 1. ) SIM CHIN HU 2. ) MA YEW SING 3. ) MAY POLYMERS SDN BHD PENCELAH 1. ) MALAYAN BANKING BERHAD 2. ) PUBLIC BANK BERHAD PIHAK TERKILAN CIMB BANK BERHAD

Citation

WA-22NCC-298-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-298-07/2020 (Mahkamah Tinggi)

Enclosure 176 was dismissed because the causes of action and legal issues in this suit and OS 138 are distinct, the parties in the two proceedings are not the same (only two common parties), and the applicant's significant delay in seeking transfer/consolidation would prejudice the timely disposal of this action; these factors mean there are insufficient common questions of law or fact and consolidation/transfer would not be in the interests of justice.
1 Sept 2021

EMPEROR CLASSIC LIGHTING SDN BHD WONG TOON WENG

Citation

22NCC-178-04/2021 (Mahkamah Tinggi)
Court

High Court
Case number

22NCC-178-04/2021 (Mahkamah Tinggi)

Enclosure 11 (anti-suit injunction) was dismissed because the plaintiff failed to show necessity to prevent a multiplicity of proceedings given the defendant had already filed a counterclaim grounded on the same facts and the injunction sought was overbroad and prejudicial; Enclosure 14 (leave to file rejoinder) was allowed because the rejoinder responds to new factual allegations in the plaintiff's subsequent pleadings and contains matters required to be specifically pleaded under Order 18 r 8, and the earlier oral dismissal did not decide the merits and therefore did not operate as res judi…

Malaysia Case Law

Nautilus Tug & Towage Sdn Bhd 1. ) Dato' Seri Suresh Emmanuel Abishegam 2. ) Dato' Ahmad Johari bin Tun Abdul Razak 3. ) Ajaib Hari Dass 4. ) Dato' Abd Latiff bin Ahmad 5. ) Jaya Sudhir a/l Jayaram 6. ) Azian binti Abdul Aziz 7. ) Nautical

CJ POLYMERS SDN BHD 1. ) SIM CHIN HU 2. ) MA YEW SING 3. ) MAY POLYMERS SDN BHD PENCELAH 1. ) MALAYAN BANKING BERHAD 2. ) PUBLIC BANK BERHAD PIHAK TERKILAN CIMB BANK BERHAD

EMPEROR CLASSIC LIGHTING SDN BHD WONG TOON WENG