ZENN HRB SDN BHD v LIANG KEE DEVELOPMENT SDN BHD

aa-24ncvc-354-07-2024 High Court (Mahkamah Tinggi) 24 April 2025 • AA-24NCvC-354-07/2024 • 12 min read

8 cases cited (0 SG, 8 foreign)

Catchwords

Civil Procedure — Declaratory relief — Judgment in Default (JID) — Whether JID obtained without leave under section 471(1) Companies Act 2016 — Whether the application is devoid of merit and an abuse of process — Whether the Plaintiff had affirmed the judgment by conduct, made substantial payments, and obtained benefit by striking out a winding-up petition based on the same JID — Equity — Maxims of equity — He who seeks equity must do equity — He who comes into equity must come with clean hands — Whether Plaintiff acted fairly — Whether restitution claim sustainable — Whether Plaintiff approbated and reprobated — Abuse of court process — Whether Court’s equitable jurisdiction ought to be exercised.

Practice Areas

Civil Procedure

Judges (1)

Moses Susayan Delivered

Counsel (5)

K. H. Wong, Chin & Cheah Firm Lalchand & Nawawi Firm H.C. Chan Counsel Defendant Purshotamdas Nathermal Thadani Counsel Plaintiff Sheanna Shanta Counsel Plaintiff

Parties (2)

LIANG KEE DEVELOPMENT Sdn Bhd Respondent ZENN HRB Sdn Bhd Applicant

Case Significance

ZENN HRB SDN BHD v LIANG KEE DEVELOPMENT SDN BHD is a High Court (Mahkamah Tinggi) decision dated April 24, 2025 (citation: aa-24ncvc-354-07-2024). The case was decided by Moses Susayan.

What was the outcome of ZENN HRB SDN BHD v LIANG KEE DEVELOPMENT SDN BHD?

ZENN HRB SDN BHD v LIANG KEE DEVELOPMENT SDN BHD is a High Court decision dated April 24, 2025. The case was heard by Moses Susayan. See the full judgment for details.

Statutes Cited

Companies Act 2016 (Cap 777)

Cases Cited (8)

UK (1)

[1990] 3 All ER 376

MY (7)

[2007] 6 CLJ 538 [2008] 1 AMR 285 [2008] 3 CLJ 510 [2008] 3 MLJ 176 [2008] 4 AMR 393 [2012] 1 MLJ 761 [2012] 2 CLJ 16

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-24ncvc-354-07-2024)