Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Sanction under insolvency act s38

Legal area

Court

19 May 2022

1. ) WONG SWEE KWOANG 2. ) LAI FOOK PING 3. ) WONG SEE MUN SOO CHEONG PUI

Citation

BA-12A-55-08/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12A-55-08/2021 (Mahkamah Tinggi)

The High Court dismissed the appellants' appeal and refused to strike out the plaintiff's action because the allegations of fraud and the question whether the judgment is res judicata raise issues of fact and law that require a full trial; the plaintiff had obtained sanction under section 38(1)(a) as a sole proprietor, and therefore summary dismissal was inappropriate.
3 Mar 2021

KHAIRUL BIN MOHD NORDIN (NRIC NO: 760822-02-5023) PUBLIC BANK BERHAD

Citation

GS 22NCvC-69-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

GS 22NCvC-69-09/2019 (Mahkamah Tinggi)

The Court struck out the plaintiff's writ and statement of claim because (i) the insolvency sanction objection was resolved in favour of the plaintiff, but (ii) the substantive claim disclosed no reasonable cause of action and was plainly unsustainable: the cause of action accrued on 19.12.2012 and is time-barred under Limitation Act s6(1)(a); there is no established duty of care to investigate before lodging a police report given public policy and privilege considerations; and the claim was barred by res judicata/estoppel due to earlier adjudication, such that the pleadings were frivolous, v…