Malaysia Case Law: Decisions & Judgments

Topic

Stakeholder account

Legal area

Court

18 Oct 2024

KHOO SUE KHEK 1. ) TAN CHOON SENG 2. ) TAN TIAN HOCK

Citation

BA-22NCvC-30-01/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-30-01/2020 (Mahkamah Tinggi)

The High Court found that special circumstances existed—principally the plaintiff's applications to vary the judgment, practical difficulties and omissions concerning the joint stakeholder account, and the need to preserve the status quo pending appeals—and therefore granted a stay of execution pending disposal of the appeals.
25 Mar 2024

1. ) TETUAN EMMA & AZIMAH 2. ) NOOR AZIMAH BINTI WAZI JERAM REALTY SDN BHD

Citation

BA-12ANCvC-129-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12ANCvC-129-11/2022 (Mahkamah Tinggi)

The court held the appellants failed to establish triable issues: the purported consent letter did not clearly authorise deduction of subsequently produced invoices, those invoices were raised only after the respondent's claim and amounted to bare assertions/afterthoughts, and settlement negotiations did not negate the respondent's clear entitlement to the sale proceeds; accordingly summary judgment below was properly granted and must be affirmed.
18 Dec 2019

Petrominwork Consulting Sdn Bhd Petroworld Services Ltd

Citation

WA-24NCC-623-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-623-11/2019 (Mahkamah Tinggi)

The Consent Judgment required the Plaintiff to deposit funds into a stakeholder account but did not create an immediately payable debt to the Defendant; therefore a winding up petition based on the section 466 notice would be an abuse of process and would cause irreparable harm to the Plaintiff; the correct remedy for non-compliance is contempt proceedings; accordingly the court granted injunctive relief restraining the Defendant from presenting a winding up petition.

Malaysia Case Law

KHOO SUE KHEK 1. ) TAN CHOON SENG 2. ) TAN TIAN HOCK

1. ) TETUAN EMMA & AZIMAH 2. ) NOOR AZIMAH BINTI WAZI JERAM REALTY SDN BHD

Petrominwork Consulting Sdn Bhd Petroworld Services Ltd