Back
HIGH COURT MALAYA KUALA LUMPUR
HUATAH SDN BHD – Appellant
Versus
YAP CHEE KIAN & ORS – Respondent
| Table of Content |
|---|
| 1. judgment creditor's rights (Para 1 , 2 , 3) |
| 2. breach of franchise laws (Para 4 , 5 , 6) |
| 3. asset disposal and impact on creditor rights (Para 8 , 10 , 12) |
| 4. evidence of asset disposal affecting creditor claims. (Para 9) |
| 5. obligations under companies act (Para 16 , 19 , 20) |
| 6. directors' obligations in submitting accurate financial information. (Para 17 , 18) |
| 7. liability for fraudulent trading and implications. (Para 22 , 23 , 24) |
| 8. court findings on fraudulent trading (Para 52 , 62) |
| 9. court’s findings confirm director negligence and fraudulent intent. (Para 54 , 56) |
[1] The plaintiff is a judgment creditor of a company (the judgment debtor). The judgment debtor was unable to satisfy the judgment debt and was consequently wound up. The judgment debt remains unsatisfied to-date. The plaintiff describes the present case as one which concerns the manner in which the plaintiff, as a judgment creditor, was deprived of enjoying the fruits of its litigation (a judgment debt) due to the calculated dissipation of the judgment debtor's assets by the directors of the judgment debtor and active concealment of the financial affairs of the judgment debtor by the destruction of the
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
