Malaysia Case Law: Decisions & Judgments

Topic

Redeemable convertible preference shares (rcps)

Legal area

Court

25 Feb 2026

MLABS SYSTEMS BERHAD LONGHOUSE FILMS SDN BHD (DALAM PENYELESAIAN)

Citation

BA-24NCC-129-11/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-129-11/2025 (Mahkamah Tinggi)

Because there existed a clear, genuine and substantial dispute as to the legal character of the RM500,000.00 payment supported by contemporaneous documents and competing evidence, and because the dispute required contractual interpretation and factual findings unsuitable for insolvency proceedings, the Plaintiff crossed the Fortuna threshold and injunction was granted to restrain presentation and advertisement of the winding up petition based on the statutory notice dated 23.10.2025.
10 Oct 2025

SARAWAK CONSOLIDATED INDUSTRIES BERHAD DYNAMIC PRESTIGE CONSULTANCY SDN. BHD.

Citation

BA-22NCC-83-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-83-07/2023 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proof to show the existence of a genuine RCPS/EPCC offer by defendant because there were no supporting contemporaneous documents, implausible payment conduct, lack of due diligence by plaintiff's directors and credible evidence that the RM14,000,000 was paid to conceal related party transactions; consequently plaintiff's claim for repayment was dismissed and costs were awarded to defendant.
18 Jul 2025

1. ) KACON ASSET GROUP SDN. BHD. 2. ) TAN HAI KEAT 1. ) KACON CONSTRUCTION SDN. BHD. 2. ) CAL-TEST LABORATORY SDN. BHD. 3. ) RAMLI BIN OSMAN 4. ) MOHD HASRULNIZAM BIN ENDRUS 5. ) WANG MIN

Citation

WA-24NCC-212-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-212-04/2025 (Mahkamah Tinggi)

The CSSA was validly performed because the agreed consideration of RM1,000,000 was discharged by the allotment and registration of 5,000 RCPS to the 1st Plaintiff as evidenced by the statutory Return of Allotment and subsequent transfers recorded under s105; therefore the plaintiffs' claims that consideration failed and that the CSSA is void failed. The injunctive reliefs sought were excessively wide, disproportionate and would unduly impede statutory and fiduciary duties and ongoing time‑sensitive projects; consequently the Originating Summons and ancillary discovery application were dismiss…
24 May 2021

AL-AMIN STRATEGIC COMMODITY SDN BHD DUTA NILAI HOLDINGS SDN BHD

Citation

WA-22NCC-262-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-262-06/2020 (Mahkamah Tinggi)

The application for an interlocutory injunction was dismissed because the Plaintiff failed to show a serious issue to be tried: the RCPS conferred no present proprietary interest in Lot 613 (only a contingent right to future sale proceeds), the JVA did not amount to a disposal of the land, the registered proprietor (DSSB) and the JVA counterparty are non-parties such that the Plaintiff lacked locus standi to restrain dealings, and on balance of convenience an injunction would unjustifiably bind non-parties and impede legitimate commercial activity; damages were an adequate remedy.

Malaysia Case Law

MLABS SYSTEMS BERHAD LONGHOUSE FILMS SDN BHD (DALAM PENYELESAIAN)

SARAWAK CONSOLIDATED INDUSTRIES BERHAD DYNAMIC PRESTIGE CONSULTANCY SDN. BHD.

1. ) KACON ASSET GROUP SDN. BHD. 2. ) TAN HAI KEAT 1. ) KACON CONSTRUCTION SDN. BHD. 2. ) CAL-TEST LABORATORY SDN. BHD. 3. ) RAMLI BIN OSMAN 4. ) MOHD HASRULNIZAM BIN ENDRUS 5. ) WANG MIN

AL-AMIN STRATEGIC COMMODITY SDN BHD DUTA NILAI HOLDINGS SDN BHD