YEOH ENG KONG vs DATO NIK ISMAIL NIK YUSOFF & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 MarsdenLR 1851

HIGH COURT MALAYA KUALA LUMPUR
YEOH ENG KONG – Appellant
Versus
DATO NIK ISMAIL NIK YUSOFF & ORS – Respondent

Table of Content
1. applications for receiver appointments focus on urgent management needs arising from company classification. (Para 1 , 5 , 8)
2. key facts highlight company status and shareholders' interests during applications. (Para 2 , 3 , 7 , 19)
3. court analyzes statutory and legal grounds for receiver applications. (Para 24 , 29 , 33)
4. court determines listing status not to be a property justifying receiver appointment. (Para 37 , 40 , 46)
5. decisions based on judicial principles regarding the role of directors in corporate governance. (Para 54 , 68 , 70)

Mohd Nazlan Mohd Ghazali JC:

(1) Ex-parte Receiver and Manager Appointment/Ad-interim Injunction (Enclosure 3)

(2) Ad-interim Receiver and Manager Appointment (Enclosure 15)

Introduction

[1] This is a matter which involves two similar applications filed by the plaintiff, both essentially for an interim order for the appointment of a receiver and manager over the assets of the ninth defendant company. I dismissed the first at the end of the hearing upon a certificate of urgency, on 17 May 2016 ("the First Application") and again refused a substantially similar application filed on the basis of a new development, at the conclusi

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2016 MarsdenLR 1851

HIGH COURT MALAYA KUALA LUMPURYEOH ENG KONG – AppellantVersusDATO NIK ISMAIL NIK YUSOFF & ORS – Respondent

HIGH COURT MALAYA KUALA LUMPUR
YEOH ENG KONG – Appellant
Versus
DATO NIK ISMAIL NIK YUSOFF & ORS – Respondent