Malaysia Case Law

4 Oct 2023

XXXX 1. ) XXXX 2. ) Mohd Helmy Azrai Bin Yaacob 3. ) NORDIANA WAHIDAH BINTI YAACOB

Citation

22NCC-444-11/2014 (Mahkamah Tinggi)

Court

High Court

Case number

22NCC-444-11/2014 (Mahkamah Tinggi)

The application for leave to enforce the summary judgment is dismissed because the plaintiff failed to provide satisfactory reasons to explain the delay in enforcement as required by Order 46 Rule 3 of the Rules of Court 2012; in absence of such reasons the court could not exercise its discretion to grant leave.

• Summary judgment
• Leave to enforce
• Limitation
• Judgment enforcement
• Sale of charged property
• Bankruptcy

4 Jul 2021

THANKAMANY A/L RAMASAMY No. K/P: 480530911-01-5253 1. KETUA PENGARAH JABATAN INSOLVENSI MALAYSIA 2. JABATAN INSOLVENSI MALAYSIA (CAWANGAN JOHOR BAHRU)

Citation

ja-24NCVC-152-03/2021 (Mahkamah Tinggi)

Court

High Court

Case number

ja-24NCVC-152-03/2021 (Mahkamah Tinggi)

The court held that the applicant must obtain the court's leave under s.8(1)(a) before proceeding; the Director General of Insolvency does not have authority to sell land already charged to a secured creditor under s.8(2); and the land must be registered in the Director General's name under s.349(3) before he may deal with it; accordingly the application was dismissed.

• Power of director general of insolvency
• Secured creditors' rights
• Registration under national land code s.349
• Requirement for leave under s.8(1)(a) insolvency act
• Sale of charged property

ABRIC PROJECT MANAGEMENT SDN BHD V. PALMSHINE PLAZA SDN BHD & ANOR

Citation

ABRIC PROJECT MANAGEMENT SDN BHD V. PALMSHINE PLAZA SDN BHD & ANOR

Court

Malaysian court

Leave to sue the liquidator was required and the applicant failed to establish a prima facie case of misconduct, bad faith or that the liquidator acted in a manner no reasonable liquidator could; the liquidator acted within statutory powers under s.236(2)(c) with HSBC's consent, defects in security were curable and later regularised, the purchaser paid valuable consideration and was bona fide, the applicant delayed unreasonably, and the balance of justice precluded setting aside the sale; accordingly the motion was dismissed with costs.

• Liquidator duties and powers
• Sale of charged property
• Leave to sue court officers
• Companies act 1965 provisions
• Valuation and undervalue sales
• Bona fide purchaser