1. ) KOK KAI SING 2. ) KOK KAI WENG 3. ) KOK KHAI CHEW v 1. ) BRISDALE HOLDINGS SDN. BHD. (DALAM LIKUIDASI) 2. ) PERSADA VISTA SDN. BHD.
Catchwords
The 2nd Defendant raised a preliminary objection that this action concerning a Vesting Order obtained by the 1st Defendant's liquidator under s 233 of the Companies Act 1965 and the property's subsequent sale to the 2nd Defendant should first be heard in the Companies Winding-Up proceedings rather than the Civil Division. The Court dismissed the objection, holding that: (i) Hor Chin Ser v Villa Genting Development no longer binds the Court following its reversal by the Federal Court; (ii) the Civil/Commercial Division split is administrative, not jurisdictional; (iii) leave granted under s 471(1) Companies Act 2016 properly encompassed a challenge to the Vesting Order; (iv) the winding-up court cannot adjudicate the proprietary rights of the 2nd Defendant, a stranger to those proceedings; and (v) following Dirga Niaga v Lim Chien Lang and Badiaddin v Arab Malaysian Finance, a court of coordinate jurisdiction may set aside a void order in collateral proceedings where the challenge rests on breach of a substantive statutory provision. The preliminary objection was accordingly dismissed and the Originating Summons allowed to proceed on its merits. Winding up — Vesting order under s 233 CA 1965 — Leave under s 471(1) CA 2016 — Civil against commercial division jurisdiction — Collateral attack on order — Inherent jurisdiction — Ex debito justitiae — Indefeasibility of title — Beneficial ownership — Multiplicity of proceedings — Hor Chin Ser — Dirga Niaga — Badiaddin
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24ncvc-5712-11-2025)