DREAM STATION PROPERTY SDN. BHD. v Suruhanjaya Syarikat Malaysia (SSM)
Catchwords
Company Law — Register of charges — Rectification — Application under ss 352 and 361 Companies Act 2016 — Omission of registered title particulars from statement of particulars lodged with Registrar — Whether omission constituted omission of a “particular” within s 361. Company Law — Register of charges — Rectification — Inadvertent omission — Property description in registered charge — Postal address stated but registered leasehold title omitted — Whether omission accidental or due to inadvertence. Company Law — Register of charges — Rectification — Property affected by charge — Meaning of “particular” — Whether registered title forms part of description of property required to be disclosed in prescribed statement. Company Law — Register of charges — Rectification — Conclusive certificate of registration — Section 357(3) Companies Act 2016 — Whether conclusiveness of certificate precludes rectification of descriptive particulars under s 361. Company Law — Register of charges — Rectification — Distinction between validity of registration and accuracy of descriptive particulars — Whether rectification affects priority, validity or effectiveness of registered charge. Company Law — Register of charges — Rectification — No prejudice to creditors or shareholders — Amendment merely clarifying identity of charged property — Whether rectification enhances accuracy of register without altering substantive rights. Company Law — Registrar of Companies — Non-objection to rectification — Whether consent or non-objection of Registrar sufficient to justify rectification — Court’s independent duty to satisfy statutory requirements. Company Law — Register of charges — Judicial discretion — Grounds for rectification under s 361 Companies Act 2016 — Accidental omission — Absence of prejudice — Just and equitable relief — Disjunctive nature of statutory grounds. Civil Procedure — Originating Summons — Companies Act application — Amendment of originating process — Correction of clerical errors and obsolete statutory references — Whether amendment affected substance of relief sought. Civil Procedure — Rectification proceedings — Requirement that corrective application itself be accurate — Amendment of originating summons to remove inconsistencies before rectification ordered. Company Law — Charges — Deed of Assignment of Rental Proceeds — Registration of company charges — Description of charged property — Registered titles omitted from statement lodged with Registrar. Practice and Procedure — Unopposed application — Rectification of public register — Whether unopposed application automatically warrants relief — Court’s obligation independently to examine statutory conditions.
Practice Areas
Judges (1)
Judgment
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