Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Share transfer/registration

Legal area

Court

11 Apr 2022

1. ) TL Food & Beverage Sdn Bhd 2. ) Edwin Loh Chi-Vin Tay Boh Soon

Citation

JA-12ANCC-20-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12ANCC-20-10/2021 (Mahkamah Tinggi)

The High Court found on affidavit evidence that the defendants had received RM100,000 and a RM32,000 machine and failed to effect the agreed immediate transfer of 16.5% shares; the defendants’ averments were bare, administrative or equivocal and did not disclose a triable defence under Order 14; the sole shareholder/director was the true controller and therefore liable; summary judgment was appropriate and damages are to be assessed.
13 Nov 2020

Padda Gurtaj Singh 1. Tune Talk Sdn Bhd 2.Tricor Corporate Services Sdn Bhd 3.Rebecca Kong Say Tsui

Citation

WA-24NCC-289-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-289-07/2020 (Mahkamah Tinggi)

The court stayed the originating summons and ordered referral to arbitration under s.10 Arbitration Act 2005 because the dispute over non-registration of the 431,908 shares falls within the wide arbitration clause in Clause 16 of the SHA; absence of a written notice of dispute or non-fulfilment of tiered procedural steps did not render the arbitration agreement inoperative; ss106-107 Companies Act 2016 do not on their face preclude arbitrability; stay was mandatory and costs awarded RM10,000 with direction to commence arbitration within two weeks.