HWA SHEN SDN BHD v 1. ) KKH DEVELOPMENT SDN BHD 2. ) Yong Kar Moh 3. ) Chen, GuoHui 4. ) IBN Development Berhad 5. ) IBN Bukit Bintang Sdn Bhd 6. ) Shen Zhen Zhong Rui Ping Zheng Industrial Co. Ltd PENCELAH HUASHI (MALAYSIA) SDN. BHD.

wa-22ncvc-178-03-2024 High Court (Mahkamah Tinggi) 12 December 2024 • WA-22NCvC-178-03/2024

Catchwords

The other two cases cited by D3 were also distinguishable on the facts and issues – Peninsula Education (Setia Alam) Sdn Bhd v Biaxis (M) Sdn Bhd (In Liquidation) [2024] 6 MLRA 160 (the Personal Guarantee did not include any arbitration clause and D3 was not insolvent) and Protasco Bhd v Tey Por Yee & Another Appeal [2018] 6 MLRA 674 (D3 was not a party to any arbitration agreement). In the premises, D3’s application was dismissed. Costs of RM8,000 was ordered to be paid by D3 to the Plaintiff.

Judges (1)

Roz Mawar binti Rozain Delivered

Parties (8)

HWA SHEN Sdn Bhd Plaintiff Huashi Sdn Bhd Intervener IBN Bukit Bintang Sdn Bhd Defendant IBN Development Berhad Defendant KKH DEVELOPMENT Sdn Bhd Defendant Shen Zhen Zhong Rui Ping Zheng Industrial Co. Ltd Defendant Chen, Guohui Defendant Yong Kar Moh Defendant

Judgment

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Source: eJudgment (wa-22ncvc-178-03-2024)