Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Striking-off and reinstatement of company
  • 7 Jul 2023

    1. ) DATO' WONG FONG LENG 2. ) LI MEDICAL SDN. BHD. 1. ) Pendaftar Syarikat, Suruhanjaya Syarikat Malaysia 2. ) LIM BOON PING

    Citation
    WA-24NCC-659-05/2022 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-24NCC-659-05/2022 (Mahkamah Tinggi)

    Applicant failed to demonstrate the company was carrying on business at the time of striking off or that reinstatement was just; applicant's own conduct contributed to non-compliance (refusal to sign 2017 accounts) and reinstatement would be unjust and prejudicial; court therefore exercised its discretion under s.555 to refuse reinstatement and dismissed the originating summons with costs to the defendants.

    • Striking-off and reinstatement of company
    • Directors' duties and statutory compliance
    • Section 555 companies act 2016
    • Prejudice to third parties
    • Exercise of judicial discretion