TSR BINA SDN BHD v 1. ) LEE CHEE KAY 2. ) LEE CHEE ONN

wa-22ncvc-469-07-2024 High Court (Mahkamah Tinggi) 9 January 2025 • WA-22NCvC-469-07/2024 • 10 min read

3 cases cited (0 SG, 3 foreign)

Catchwords

Undertaking given to the court – Undertaking recorded in a consent order – Undertaking by directors of company amounting to personal undertaking – Undertaking given to the Court has the same force as an injunction made by the Court – Breach of the undertaking is misconduct amounting to contempt – Corporate veil of company irrelevant – Wrongdoing warrants the application of the evasion principle enunciated in ONG LEONG CHIOU & ANOR v. KELLER (M) SDN BHD [2021] 4 CLJ 821 – Corporate veil may be pierced to enable liability to be imposed on the directors who gave personal undertaking – Clear cut case suitable for summary judgment

Judges (1)

Gan Techiong Delivered

Counsel (6)

Cheong Su Yin & Co. Firm Wayne Siang, Kai & Co. Firm Cheong Su Yin Counsel Defendant Lee Kai Jun Counsel Plaintiff Sia Chee Shan Counsel Plaintiff Tan Zhi Ching Counsel Defendant

Parties (3)

TSR BINA Sdn Bhd Plaintiff Lee Chee Kay Defendant Lee Chee Onn Defendant

Case Significance

TSR BINA SDN BHD v 1. ) LEE CHEE KAY 2. ) LEE CHEE ONN is a High Court (Mahkamah Tinggi) decision dated January 9, 2025 (citation: wa-22ncvc-469-07-2024). The case was decided by Gan Techiong.

What was the outcome of TSR BINA SDN BHD v 1. ) LEE CHEE KAY 2. ) LEE CHEE ONN?

TSR BINA SDN BHD v 1. ) LEE CHEE KAY 2. ) LEE CHEE ONN is a High Court decision dated January 9, 2025. The case was heard by Gan Techiong. See the full judgment for details.

Statutes Cited

Rules of Court 2012

Cases Cited (3)

UK (1)

[2017] UKPC 32

MY (2)

[1996] MLJU 386 [2021] 4 CLJ 821

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-469-07-2024)