Lolla Industries (Malaysia) Sdn. Bhd. v Suruhanjaya Syarikat Malaysia (SSM)
Catchwords
Company Law — Charges — Registration of charges — Misstatement in statement of particulars lodged with Registrar — Incorrect date of creation of charge entered — Whether incorrect date constituted “mis-statement of any particular” within meaning of Companies Act 2016, s 361(1) — Companies Act 2016, ss 352, 353 & 361 Company Law — Charges — Rectification of register — Application to rectify registered particulars of charge — Whether misstatement due to inadvertence — Whether wrong date inserted by reference to stamp duty date rather than execution date — Companies Act 2016, s 361(1)(a) Company Law — Charges — Rectification — Whether rectification prejudicial to creditors or shareholders — Whether amendment merely corrected date of creation without altering substance, amount or identity of chargee — Companies Act 2016, s 361(1)(a) Company Law — Charges — Rectification — Just and equitable relief — Whether court should exercise remedial jurisdiction to correct bona fide clerical error in public register — Companies Act 2016, s 361(1)(b) Company Law — Charges — Retrospective effect of rectification — Whether correction of date of creation should operate retrospectively from true date of execution of charge — Whether retrospective operation appropriate absent intervening third-party rights — Companies Act 2016, ss 352 & 361 Civil Procedure — Originating summons — Application under Companies Act 2016 — Procedural vehicle for rectification of particulars relating to registered charge — Rules of Court 2012, O 88 r 2
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ma-24ncvc-447-10-2025)