Jayatrade Manufacturing Sdn Bhd v 1. ) Dato Adam Primus Varghese Bin Abdullah as Receivers & Manager of Aman Jaya Minerals (M) Sdn Bhd 2. ) Allianz General Insurance Company (Malaysia) Bhd

wa-22ncc-819-11-2025 High Court (Mahkamah Tinggi) 23 April 2026 • WA-22NCC-819-11/2025 • 21 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

Civil Procedure — Striking out — Order 18 rule 19(1)(a), (b) and (d) of the Rules of Court 2012 — Plain and obvious case — Bandar Builder threshold – Whether the threshold for striking out a pleading under Order 18 rule 19(1)(a) of the Rules of Court 2012 is met when a claim is legally unsustainable upon the face of the documents relied on Companies Law — Receiver and Manager — Personal liability — Agent of vendor company — Whether a Receiver and Manager can be held personally liable in contract under a Sale and Purchase Agreement when they executed the agreement strictly as an agent for a disclosed principal – Whether a Receiver and Manager's routine physical custody and management of a vendor company's property creates an independent tortious duty of care to a purchaser that survives the contractual terms of the sale – Whether initiating a suit against a former Receiver personally, while bypassing the company in liquidation or its liquidator, constitutes an abuse of the court process. Debenture — Contract — Privity — Exclusion of personal liability — "As is where is" basis — Passing of risk — Entire agreement clause — Tort — Negligence — Duty of care — Physical custody and control — Actionable negligence — Tee Siew Kai principle — Proper defendant — Abuse of process — Companies Act 2016 — Rules of Court 2012 – Whether an entire agreement clause in an SPA nullifies separate risk-allocation provisions or rescues a contractually excluded personal liability claim

Practice Areas

Civil Procedure

Judges (1)

Mohamad Redzuan bin Idrus Delivered

Counsel (8)

Firoz Julian Firm Lawrence Hisham & Co. Firm Othman Hashim & Co Firm Kandasivam Sivakolunthu Counsel Plaintiff Katrina Ellen A/P Rameshvaran Counsel Defendant Kimberly Yap Mei Chyi Counsel Defendant Lau Zhi Ying Counsel Defendant Saritha Devi A/P Kirupalani Counsel Defendant

Parties (3)

Allianz General Insurance Company Bhd Defendant Dato Adam Primus Varghese Bin Abdullah as Receivers & Manager of Aman Jaya Minerals Sdn Bhd Defendant Jayatrade Manufacturing Sdn Bhd Plaintiff

Statutes Cited

Companies Act 2016 (Cap 777)

Rules of Court 2012

Cases Cited (5)

UK (1)

[1947] 2 All ER 372

MY (4)

[1979] 2 MLJ 124 [1993] 3 MLJ 36 [2011] 5 CLJ 40 [2018] MLJU 1628

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncc-819-11-2025)