Malaysia Case Law

8 Feb 2023

ASIAN BROADCASTING NETWORK (M) SDN BHD (DALAM LIKUIDASI) BANK PEMBANGUNAN MALAYSIA BERHAD

Citation

BA-22NCC-23-03/2021 (Mahkamah Tinggi)

Court

High Court

Case number

BA-22NCC-23-03/2021 (Mahkamah Tinggi)

The Court applied the binding Court of Appeal authority in Oren Ventures that a liquidator cannot delegate the statutory power to institute proceedings; the sanction letter, read holistically and corroborated by contemporaneous correspondence, was granted to the director (not a contributory); a director lacks locus to sue on behalf of a wound-up company; retrospective leave from the winding-up court does not validate proceedings void ab initio; accordingly the writ and statement of claim are struck out as lacking locus and being an abuse of process.

• Locus standi
• Liquidator powers
• Sanction to contributory
• Retrospective leave
• Strike-out under order 18 r19
• Delegation of statutory powers

THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD

Citation

THE SCOTCH WHISKY ASSOCIATION & ANOR V EWIN WERY (M) SDN BHD

Court

Malaysian court

The court held that the defendants could not re‑open the locus standi issue already decided in the proceedings because res judicata prevents re‑agitation of matters decided at an earlier stage; accordingly the defendants' attempt to re‑raise locus standi via a strike‑out summons was disallowed and the court proceeded to consider the merits of the passing off claim.

• Labeling and get-up
• Goodwill and reputation
• Locus standi
• Strike-out under order 18 r19
• Res judicata
• Misrepresentation