HENRY PURWARDI v MBF NORTHERN SDN. BHD.
7 cases cited
(0 SG, 7 foreign)
Catchwords
Company Law – Winding up – Post-winding up – Section 471 Companies Act 2016 – Leave to commence proceedings – Liquidator – Whether the Applicant met the "threshold test" for leave to commence proceedings against a company in liquidation, specifically by establishing that the claim is real, genuine, and serious rather than baseless or frivolous – Whether the Court should exercise its discretion under Section 471 to impose conditional leave, such as requiring a substantial sum (RM 5,000,000.00) as security for costs, given the Applicant's status as a foreign resident and the history of the litigation. Civil Procedure – Setting aside Judgment – Fraud on the Court – Fresh evidence – Prima facie case – Threshold test – Security for costs – Res judicata – Whether allegations of material fraud on the court—specifically that key witnesses provided dishonest testimony regarding share purchases—constitute a sufficient cause of action to grant leave for a fresh suit to set aside a decade-old judgment – Whether the Applicant's claim for a non-monetary remedy (setting aside a judgment) is a matter that cannot be adequately dealt with within the existing winding-up proceedings. Evidence –Probative value – Fraudulent testimony – Dishonest witnesses – Material concealment of facts.
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Companies Act
s 471
Companies Act 2016 (Cap 777)
Cases Cited (7)
MY (7)
[1985] 2 MLJ 446 [1998] 2 CLJ 75 [1999] 6 CLJ 177 [2001] 2 CLJ 321 [2008] 3 CLJ 582 [2014] 7 CLJ 202 [2018] 2 CLJ 401
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-24pw-3-05-2025)