PNL Capital Sdn Bhd & Ors v Loh Teck Wah & Ors

The Court of Appeal heard four consolidated appeals concerning the appointment of an Interim Judicial Management (IJM) order and Judicial Management Order (JMO) for Fintree Capital Sdn Bhd. The appellants, including PNL Capital Sdn Bhd and Liew Chia Soon, challenged the High Court's decision to grant the IJM and JMO, arguing that the application was made mala fide and was an abuse of process. The Court of Appeal found that the requirements under sections 404 and 405 of the Companies Act 2016 were not met, and the IJM and JMO were set aside. The court also ordered costs of RM5,000 for each appeal to the appellants.

Overview

Case Number

W-02(IM)-1229-06/2021

Case Type

Civil - Corporate

Court

Court of Appeal Malaysia, Putrajaya

Coram Judges

Related Proceedings

High Court
WA-28JM-1-01/2021
High Court of Malaya at Kuala Lumpur
Court of Appeal
W-02(IM)-1229-06/2021
Court of Appeal Malaysia

Heard Together With

PNL Capital Sdn Bhd & Ors v Loh Teck Wah & Ors
W-02(A)-1230-06/2021
Appeal against the High Court's decision to grant the Judicial Management Order (JMO) for Fintree Capital Sdn Bhd.
Liew Chia Soon v Loh Teck Wah & Ors
W-02(IM)-1231-06/2021
Appeal by Liew Chia Soon against the High Court's decision to grant the Interim Judicial Management (IJM) order.
Liew Chia Soon v Loh Teck Wah & Ors
W-02(A)-1232-06/2021
Appeal by Liew Chia Soon against the High Court's decision to grant the Judicial Management Order (JMO).

Subject Matter

corporate lawjudicial managementabuse of process

Documents