Originating summons
17 cases · March 2024 to May 2026
Case Volume by Year
4 24
10 25
3 26
2024–2026
Key Issues & Sub-Topics
Preliminary objection — Failure to specify precise statutory limb — Whether fatal — Prejudice 2 extension of time — Form N, section 38(1) Land Acquisition Act 1960 — reference to High Court — Form D — Compensation for the acquisition of land — objection — enquiry — exceeded the statutory time limit — special circumstances — discretion 2 The defendants were the former liquidators of the plaintiff company — They ceased to be the liquidators when the winding up order against plaintiff was set aside — Whether the defendants were entitled to remunerate themselves without seeking any agreement from a committee of inspection, resolution by creditors or determination by the court — Whether the remuneration was made in contravention of section 479 of the Companies Act 2016 — Whether section 479 of the Companies Act 2016 is only applicable to remuneration of professional fees, and not to disbursements — Whether the originating summons should be converted into a writ action 1 Scheme of Arrangement — Whether the defendants (purchasers) and their end-financiers are deemed as non-participating scheme creditors (as provided in the Explanatory Statement) by reason of their failure to pay the Scheme Support Payment — Whether the defendants’ sale and purchase agreements are thereby deemed cancelled — Whether the defendants and their end-financiers are bound by the Scheme of Arrangement — Whether the plaintiffs (liquidators) are bare trustees of the subject properties 1 known wrong — unknown recipients — gap in knowledge — framing of pleadings — wrong defendant — suppression of evidence — Asia International Trust Berhad — AI Generation Trust — AI Generation Trust 2.0 — 24-month trust period — seven working days — trust capital — AITB Suit — former board — current board — January 2024 — Tan Kiar Meng — Sew Hwei Kin — Geran 16065 — Geran 12766 — Geran 12767 — Lot PT 1 — property deposit — RM1.1 million — RM4.4 million — WA-28JM-6-04/2025 — costs fixed — RM4000 — contractual confidentiality — court order override — equitable jurisdiction — prospective defendant — identification of defendants — costs saving — expeditious disposal 1 Whether the 1st defendant is holding the property as a bare trustee for plaintiff — Whether the 1st defendant can withhold plaintiff from transferring the property to the subsale purchaser on the ground of maintenance charges allegedly owing to the 2nd defendant — Whether the 2nd defendant unlawfully charges maintenance fees. 1 to set aside auction and maintain status quo of property auctioned — grounds based on existence of a mareva injunction — whether auction held contravened the mareva injunction — whether chargee bank to provide a copy of the Proclamation of Sale of the property to chargors — whether failure of same prejudiced the chargors and their interest in the property — whether chargee bank failed to act in good faith — section 258 1(b) of the National Land Code — whether successful bidder a bona fide purchaser for value without notice 1 Interpleader proceedings — determination as to the rightful party entitled to the return of sum of money sescribed as a deposit. 1 Conversion to Writ-Order 28 rule 8 — ROC 2012 Material Dispute of Fact-Beneficial Ownership — Proxy/ Nominee Private Caveat — Matrimonial Property Claim Syariah Consent Judgment — Caveatable Interest-Need for Viva Voce Evidence Credibility Assessment-Cross-Examination Required Interest of Justice — Suitability of Procedure 1 Whether a High Court enforcement order of a CIPAA award is void for want of locus standi — Whether defendant company was wound up when the High Court enforcement order was made — Whether leave of the winding up court was obtained for the defendant to continue with its enforcement action. 1 Whether the land indenture dated 22.3.1901 is still valid — Whether the terms of the Indenture subsist — Whether the trustees of Persatuan Wadda Gurdwara Sahib, Pulau Pinang may be registered as proprietors of the land — Whether the approval of the TYT Governor of Penang is required for the appointment of new trustees — Whether the plaintiffs have locus standi — Whether the certified true copy of the Indenture is lawful. 1 application by the Plaintiff pursuant to Sections 347 and 348 of the Companies Act 2016 for leave to commence a derivative action on behalf of the 2nd Defendant company against the 1st Defendant for an alleged misappropriation of the 2nd Defendant’s funds. 1 the Applicant sought an order directing an inquiry to be conducted to determine whether the 1st Respondent who is alleged to be mentally disordered and incapable of managing herself and her affairs due to such mental disorder and for the appointment of the Applicant and one of the Respondents as well as two solicitors as a committee under Sections 52 to 75 of the Mental Health Act 2001. 1 application to remove Registrar’s caveat registered by the 1st Respondent at the request of the Royal Malaysian Police Force and two private caveats registered by the 2nd and 3rd Respondents arising from an alleged sale and purchase agreements with the registered owner of the land pursuant to Sections 321 and 327 of the National Land Code 1965. 1 Appealling against the Award by the 1st Respondent given on 28.3.2023 on the issue of the validity of the suspension of the 2nd Respondent as a Board Member by the 1st Applicant including the Order of damages — Whether the 1st Respondent committed serious error of law and of fact in interpreting Article 40(2)(b)(3) of the Undang — Undang Kecil Koperasi MCIS and Co-operative Societies Act 1993. 1
Preliminary objection — Failure to specify precise statutory limb — Whether fatal — Prejudice 2 cases
extension of time — Form N, section 38(1) Land Acquisition Act 1960 — reference to High Court — Form D — Compensation for the acquisition of land — objection — enquiry — exceeded the statutory time limit — special circumstances — discretion 2 cases
The defendants were the former liquidators of the plaintiff company — They ceased to be the liquidators when the winding up order against plaintiff was set aside — Whether the defendants were entitled to remunerate themselves without seeking any agreement from a committee of inspection, resolution by creditors or determination by the court — Whether the remuneration was made in contravention of section 479 of the Companies Act 2016 — Whether section 479 of the Companies Act 2016 is only applicable to remuneration of professional fees, and not to disbursements — Whether the originating summons should be converted into a writ action 1 case
Scheme of Arrangement — Whether the defendants (purchasers) and their end-financiers are deemed as non-participating scheme creditors (as provided in the Explanatory Statement) by reason of their failure to pay the Scheme Support Payment — Whether the defendants’ sale and purchase agreements are thereby deemed cancelled — Whether the defendants and their end-financiers are bound by the Scheme of Arrangement — Whether the plaintiffs (liquidators) are bare trustees of the subject properties 1 case
known wrong — unknown recipients — gap in knowledge — framing of pleadings — wrong defendant — suppression of evidence — Asia International Trust Berhad — AI Generation Trust — AI Generation Trust 2.0 — 24-month trust period — seven working days — trust capital — AITB Suit — former board — current board — January 2024 — Tan Kiar Meng — Sew Hwei Kin — Geran 16065 — Geran 12766 — Geran 12767 — Lot PT 1 — property deposit — RM1.1 million — RM4.4 million — WA-28JM-6-04/2025 — costs fixed — RM4000 — contractual confidentiality — court order override — equitable jurisdiction — prospective defendant — identification of defendants — costs saving — expeditious disposal 1 case
Whether the 1st defendant is holding the property as a bare trustee for plaintiff — Whether the 1st defendant can withhold plaintiff from transferring the property to the subsale purchaser on the ground of maintenance charges allegedly owing to the 2nd defendant — Whether the 2nd defendant unlawfully charges maintenance fees. 1 case
to set aside auction and maintain status quo of property auctioned — grounds based on existence of a mareva injunction — whether auction held contravened the mareva injunction — whether chargee bank to provide a copy of the Proclamation of Sale of the property to chargors — whether failure of same prejudiced the chargors and their interest in the property — whether chargee bank failed to act in good faith — section 258 1(b) of the National Land Code — whether successful bidder a bona fide purchaser for value without notice 1 case
Interpleader proceedings — determination as to the rightful party entitled to the return of sum of money sescribed as a deposit. 1 case
Conversion to Writ-Order 28 rule 8 — ROC 2012 Material Dispute of Fact-Beneficial Ownership — Proxy/ Nominee Private Caveat — Matrimonial Property Claim Syariah Consent Judgment — Caveatable Interest-Need for Viva Voce Evidence Credibility Assessment-Cross-Examination Required Interest of Justice — Suitability of Procedure 1 case
Whether a High Court enforcement order of a CIPAA award is void for want of locus standi — Whether defendant company was wound up when the High Court enforcement order was made — Whether leave of the winding up court was obtained for the defendant to continue with its enforcement action. 1 case
Whether the land indenture dated 22.3.1901 is still valid — Whether the terms of the Indenture subsist — Whether the trustees of Persatuan Wadda Gurdwara Sahib, Pulau Pinang may be registered as proprietors of the land — Whether the approval of the TYT Governor of Penang is required for the appointment of new trustees — Whether the plaintiffs have locus standi — Whether the certified true copy of the Indenture is lawful. 1 case
application by the Plaintiff pursuant to Sections 347 and 348 of the Companies Act 2016 for leave to commence a derivative action on behalf of the 2nd Defendant company against the 1st Defendant for an alleged misappropriation of the 2nd Defendant’s funds. 1 case
the Applicant sought an order directing an inquiry to be conducted to determine whether the 1st Respondent who is alleged to be mentally disordered and incapable of managing herself and her affairs due to such mental disorder and for the appointment of the Applicant and one of the Respondents as well as two solicitors as a committee under Sections 52 to 75 of the Mental Health Act 2001. 1 case
application to remove Registrar’s caveat registered by the 1st Respondent at the request of the Royal Malaysian Police Force and two private caveats registered by the 2nd and 3rd Respondents arising from an alleged sale and purchase agreements with the registered owner of the land pursuant to Sections 321 and 327 of the National Land Code 1965. 1 case
Appealling against the Award by the 1st Respondent given on 28.3.2023 on the issue of the validity of the suspension of the 2nd Respondent as a Board Member by the 1st Applicant including the Order of damages — Whether the 1st Respondent committed serious error of law and of fact in interpreting Article 40(2)(b)(3) of the Undang — Undang Kecil Koperasi MCIS and Co-operative Societies Act 1993. 1 case
Key Statutes
Rules of Court 2012
cited in 7 cases Companies Act 2016 (Cap 777)
cited in 3 cases Land Acquisition Act 1960 (Cap 486)
cited in 2 cases Companies Act 1965 (Cap 777)
cited in 2 cases Strata Titles Act 1985 (Cap 318)
cited in 1 case Specific Relief Act 1950 (Cap 137)
cited in 1 case Limitation Act 1953 (Cap 254)
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Quay Chew Soon 5 Anand Ponnudurai 3 Mohd Nazlan bin Mohd Ghazali 2 Azizah binti Haji Nawawi 2 Azizul Azmi bin Adnan 2 Muhammad Adam @ Edward bin Abdullah 2 Muhammad Adam bin Abdullah 2 Asmah binti Musa 1 Mohd Aimi Zaini bin Mohd Azhar 1 Wendy Ooi Su Ghee 1 Ahmad Kamal bin Md. Shahid 1 Mohamad Redzuan bin Idrus 1
Top Firms
Azmi & Associates 2 Pejabat Penasihat Undang-Undang Negeri Terengganu 2 Damien Chan, Hannibal & Ng Chambers 1 Department of Insolvency Malaysia 1 Law Practice of Rafique 1 Jec Siose & Co. 1 Shang & Co. 1 Jack & Cheng 1 Ong, Ric & Partners 1 Yang Lim & Co 1 Syarikat Ng & Anuar 1 Sidek Teoh Wong & Dennis 1 Akram Hizri, Azad & Azmir 1 K Y Sim & Co. 1 Lim Han & Teoh 1
Top Lawyers
Tengku Nazmi Bin Tengku Anuar 2 Wong Yan Zhang 2 Afifah Binti Mamat 2 Ian Hannibal Liang bin Danial Liang 1 Norsuriaty binti Mistor 1 Chen Hui Ken 1 Rafique Rashid 1 Tun Muhammad Seth bin Tun Rafaee 1 Shayne Thum Weng Shen 1 Loshini a/p Babu 1 Yap Jia Cheng 1 Gavin Chew 1 Zuriana Zakaria 1 Jarret Ong 1 Tow Min Ric 1
Cases
wa-24ncc-30-01-2026
SINONG SEPADU SDN BHD v 1. ) CHONG KWONG CHIN 2. ) CHANTHIRAN A/L NAGAPPAN 3. ) CONTINENTAL MANAGEMENT RESOURCES SDN BHD
4 May 2026
MYHC
wa-24ncc-6-01-2026
1. ) DATO' LER CHENG CHYE 2. ) LUM TUCK CHEONG v 1. ) SHARIFAH HANUM BINTI KASSIM 2. ) LIM LEE WAN 3. ) KHOZAINIYAH BT NOOR 4. ) AUSTIN FELIX PEREIRA 5. ) CIMB BANK BERHAD PENCELAH 1. ) AMBANK (M) BERHAD 2. ) BANK MUAMALAT MALAYSIA BERHAD
12 April 2026
MYHC
wa-24ncc-723-12-2025
1. ) CHENG YUET LAN 2. ) CHIN CHYE SEONG 3. ) CHUA CHENG KIAK 4. ) CHUA SOON HUA 5. ) CHUA SOON HUAT 6. ) CHUA SOON PENG 7. ) HO KAM CHOY 8. ) HO SOOI KWONG 9. ) LEE MENG HUAT 10. ) LIM KEAT WAH 11. ) LIM SIEW KEE 12. ) NG SHU LING 13. ) NONGLAK SAE-THONG 14. ) OOI CHENG SIANG 15. ) OOI GEOK AI 16. ) OOI SWEE ENG 17. ) OOI YUK YINN 18. ) QUAH KIM KOOI 19. ) QUAH SAW HWA 20. ) QUAH SAW LING 21. ) QUAH SAW SAW 22. ) SALLY TAN 23. ) TAN PHAIK GEOK 24. ) TEE AI FOOM 25. ) WANG CHIN LIN 26. ) WONG...
29 March 2026
MYHC
ba-24ncvc-795-04-2024
TSC HARDWARE SDN BHD (dahulunya dikenali sebagai THOMTAPE CORPORATION SDN BHD) v 1. ) TOP WIN HARDWARE TRADING SDN BHD 2. ) TOP WIN RESOURCES SDN BHD
3 December 2025
MYHC
pa-24ncvc-198-02-2025
1. ) EWE CHUAN PENG 2. ) SAW SZE LEI 3. ) NA WEE JERN v 1. ) PUBLIC ISLAMIC BANK BERHAD 2. ) Cheow Kit Yee
20 November 2025
MYHC
wa-24nccarb-40-12-2024
MRCB BUILDERS SDN BHD v THIEN HONG MACHINERY (M) SDN BHD
18 November 2025
MYHC
wa-24nccarb-7-03-2025
THIEN HONG MACHINERY (M) SDN BHD v MRCB BUILDERS SDN BHD
18 November 2025
MYHC
ka-24ncvc-136-04-2023
SYARIKAT NG & ANUAR v 1. ) BESGRADE PLYWOOD SDN. BHD. 2. ) COMPUTER FORMS (MALAYSIA) BERHAD
1 November 2025
MYHC
ba-24ncvc-1200-06-2025
HARTANAH BUNGA SDN BHD v MARINA BINTI MOHAMED
16 October 2025
MYHC
ba-24nccarb-5-04-2025
GRANSTEP DEVELOPMENT SDN. BHD. v 1. ) TAN CHONG HENG CONSTRUCTION (DALAM LIKUIDASI) SDN. BHD. 2. ) Pegawai Penerima Dan Pelikuidasi Syarikat Tan Chong Heng Construction Sdn Bhd (Dalam Penggulungan)
11 September 2025
MYHC
pa-24ncvc-1475-11-2024
1. ) SANTOK SINGH A/L RANJIT SINGH 2. ) GIAN SINGH A/L NATHA SINGH v 1. ) TEJA SINGH A/L MOHINDER SINGH 2. ) KULDIP SINGH A/L K.SOHAN SINGH 3. ) TERLOCHAN SINGH A/L SUARAN SINGH 4. ) AJIT SINGH A/L JOGINDER SINGH 5. ) RAKHVEER SINGH A/L SANTOKH SINGH
27 July 2025
MYHC
t-01ncvca-86-02-2023
Kumpulan Ladang-Ladang Trengganu Sdn. Bhd. v Pentadbir Tanah Daerah Setiu
24 March 2025
MYCOA
t-01ncvca-87-02-2023
Kumpulan Ladang-Ladang Trengganu Sdn. Bhd. v Pentadbir Tanah Kuala Nerus
24 March 2025
MYCOA
pa-24ncc-18-05-2024
Chen, Fu-Daul v 1. ) CHEN, PAI-JUNG 2. ) Han Te Industries (M) Sdn Bhd
18 December 2024
MYHC
pa-24ncvc-671-05-2024
NG CHIANG CHONG v 1. ) ONG SIEW HAR 2. ) YEAP NG CHENG HOCK 3. ) YEAP NG SENG LEONG 4. ) YEAP NG SENG TIEN
18 December 2024
MYHC
pa-24ncvc-576-05-2024
SECURE PLANTATION SDN BHD v 1. ) Pejabat Tanah dan Galian Negeri 2. ) CHEW KEA SEW 3. ) KASAEVAN A/L MANOHARAN
12 November 2024
MYHC
wa-24-30-05-2023
KOPERASI MCIS BERHAD v 1. ) TRIBUNAL KOPERASI MALAYSIA 2. ) Govindarajoo a/l G. Arumugam
11 March 2024
MYHC