Malaysia Case Law: Decisions & Judgments

Topic

Transfer of shares

Legal area

Court

18 Jul 2025

1. ) KACON ASSET GROUP SDN. BHD. 2. ) TAN HAI KEAT 1. ) KACON CONSTRUCTION SDN. BHD. 2. ) CAL-TEST LABORATORY SDN. BHD. 3. ) RAMLI BIN OSMAN 4. ) MOHD HASRULNIZAM BIN ENDRUS 5. ) WANG MIN

Citation

WA-24NCC-212-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-24NCC-212-04/2025 (Mahkamah Tinggi)

The CSSA was validly performed because the agreed consideration of RM1,000,000 was discharged by the allotment and registration of 5,000 RCPS to the 1st Plaintiff as evidenced by the statutory Return of Allotment and subsequent transfers recorded under s105; therefore the plaintiffs' claims that consideration failed and that the CSSA is void failed. The injunctive reliefs sought were excessively wide, disproportionate and would unduly impede statutory and fiduciary duties and ongoing time‑sensitive projects; consequently the Originating Summons and ancillary discovery application were dismiss…
18 Nov 2024

Tan Leng Keat [Membawa Guaman Sebagai Wasi Dan Penakat Tunggal Kepada Harta Pusaka Wong Kuan Hoh @ Wong Kuan Lan (No. K/p: 37112707-5118)("si Mati")] 1. ) Tan Yung Quan 2. ) See Hong Ngo @ Chee Kwan Fong 3. ) TAN JOO LENG 4. ) OOI YOONG YOO

Citation

PA-22NCvC-136-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-136-08/2018 (Mahkamah Tinggi)

On the balance of probabilities the deceased was mentally incompetent on 12.09.2014 and D1 and D2 exercised undue influence in procuring the transfer of 335,000 shares; therefore the transfer is ineffective, null and void in law. Fraud was not proved because the Plaintiff failed to call a material eyewitness (Cheah Ah Kim) and an adverse inference was drawn. D3 and D4 did not play a substantial role and are not liable.
29 Oct 2024

LIM KEE SIM LOI CHENG PHENG

Citation

BA-22NCvC-126-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-126-04/2023 (Mahkamah Tinggi)

Plaintiff failed to discharge the burden of proof; the contract was frustrated/affected by force majeure and defendant established impossibility of performance; plaintiff had not paid full purchase price and therefore only held the shares as constructive trustee; consequently plaintiff's claim was dismissed and defendant was ordered to return RM100,000 to plaintiff with costs awarded to defendant.
16 Apr 2024

1. ) Chin Yuei Khen 2. ) Chin Kon Lim 3. ) Chin Jwee Wan Chin Kon Shu PIHAK YANG DIGARNIS Malayan Banking Berhad PIHAK TERKILAN 1. ) CHIN FAN HEE & SONS SDN BHD 2. ) Kah Meow Lim Plantations Sdn Bhd

Citation

WA-22NCvC-550-08/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-550-08/2019 (Mahkamah Tinggi)

Attesting witnesses' credible and corroborated evidence that the Deceased understood and agreed to the Will established testamentary capacity and due execution; plaintiffs failed to prove undue influence, fraud or that transfer instruments were void; survivorship does not automatically confer beneficial ownership but evidence established dividends belonged to the Deceased and RM1,000,000 held by Defendant constituted trust monies to be returned to the estate; accordingly the claim failed and probate was granted to the Defendant with specified monetary orders.
8 Sept 2023

LOW SHIR LY PENCELAH LOW PECK LIM

Citation

BL-32NCvC-80-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BL-32NCvC-80-11/2022 (Mahkamah Tinggi)

The court refused the intervener leave to proceed because a valid Grant of Probate vests administration in the appointed executor; the application seeking to amend the will/grant and to control administration was not the proper forum, no exceptional circumstances were shown to justify intervention, and matters of transfer and registration fall within the executor's powers to execute consistent steps; accordingly the application is dismissed.
15 Aug 2023

XXXX 1. ) XXXX 2. ) MELATINI DEVELOPMENT SDN.BHD.

Citation

WA-22NCC-90-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-90-02/2020 (Mahkamah Tinggi)

The DMC and related CDTA expressly and by necessary implication made Aligan’s obligations to fund the Project and to pay the cash consideration conditional upon the execution and subsistence of the Privatisation Agreement; ADSB’s notice of termination was legally deficient and ADSB was not entitled to terminate; Aligan’s transfer of the AMC and MD shares without payment of the cash consideration was wrongful and those shares must be returned; because the Privatisation Agreement can no longer be secured, damages in lieu of specific performance are appropriate.
10 Jan 2023

TEA BENG HENG 1. ) ENG HONG PALM OIL MILL SDN BHD 2. ) HENG LIAN PLANTATION SDN BHD

Citation

BA-24NCC-110-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCC-110-10/2021 (Mahkamah Tinggi)

The originating summons was dismissed because there are substantial and material disputes of fact — including contested executor appointments, multiple prior grants, the sale of the D1 shares, and concurrent proceedings in another High Court — that cannot be resolved without oral evidence at a trial; consequently the remedy sought (transfer of shares) cannot be granted on originating summons and the plaintiff's application is therefore refused with costs.
30 Mar 2022

1. ) DATUK SERI MAGLIN DENNIS DCRUZ 2. ) DATUK SUBRAYAN A/L SELLAPPAN 3. ) DATO DR LOGA BALA MOHAN A/L JAGANATHAN 4. ) DATO ELAYPPEN A/L MUTHUSAMY 5. ) DATUK DR K D SIVA KUMAR A/L KRISHNADAS 6. ) DATUK MOHAN A/L A KANDASAMY 7. ) DATUK TIONG

Citation

WA-22NCC-326-06/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-326-06/2019 (Mahkamah Tinggi)

The Consent Judgment dated 16.01.2019 was procured without disclosure that myPPP had been de-registered and by persons lacking authority, therefore it was obtained by abuse of the court process and must be set aside; the conduct of D1 (Tan Sri Kayveas), D4 (Datuk Chandrakumanan) and D5 (Dato’ Ly) amounted to a conspiracy by unlawful means to transfer control of Bintang Iradat and Wisma myPPP and to use the court process for that collateral purpose; as a consequence the shares and property are to be treated as assets of myPPP vested in the Director General of Insolvency and injunctive, declara…
3 Mar 2022

1. ) CHAMPION GARMENT SDN. BHD. 2. ) NG KUAN YOONG 1. ) ONG CHIN JUN 2. ) ONG BEE HOON

Citation

PA-22NCvC-164-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

PA-22NCvC-164-07/2019 (Mahkamah Tinggi)

Plaintiff established on the balance of probabilities the debt for goods sold and delivered by documentary evidence and testimony; defendants failed to prove any goods were rejected or returned and therefore failed to discharge the evidential burden, so the outstanding sum of RM788,150.04 was proven but RM130,000 paid to a supplier on plaintiffs' behalf was deducted, leaving RM658,150.04 payable jointly by the defendants; plaintiffs failed to prove concealment or breach of fiduciary/fidelity because evidence showed the arrangement was known and agreed and the 1st defendant's shareholding was…
29 Nov 2021

Lau Beng Lai 1. ) Chong Poh Gek 2. ) TETUAN JASNI & CO PENCELAH Hong Leong Islamic Bank Berhad

Citation

KA-24NCvC-626-08/2018 (Mahkamah Tinggi)
Court

High Court
Case number

KA-24NCvC-626-08/2018 (Mahkamah Tinggi)

The court held both the 12/8/2014 vesting order and the 6/9/2017 amended order were regular, valid and enforceable as they were steps to implement a prior consent judgment; the plaintiff failed to plead illegality or lack of jurisdiction, so this court (of concurrent jurisdiction) could not set aside those orders; consequently the plaintiff's supplemental originating summons was dismissed.