2012 MarsdenLR 158

COURT OF APPEAL PUTRAJAYA
MALAYSIAN ASSURANCE ALLIANCE BHD – Appellant
Versus
COMSA PROPERTIES SDN BHD – Respondent
[Civil Appeal No: W-02(NCC)-1307-2010]

The High Court of Malaya lacks jurisdiction over matters pertaining to Sabah-registered companies based on territorial jurisdiction established by the Federal Constitution and relevant statutes.

Headnote:(A) Companies Act 1965 - Section 218 - Appeal against dismissal of winding up petition - High Court's jurisdiction questioned in relation to a Sabah-registered company whose properties are located in Sabah - Court affirms that jurisdiction resides with the High Court of Sabah. (Paras 12, 17)

(B) Academic Point - Subsequent winding up of the respondent by the Kota Kinabalu High Court renders the appeal moot and unnecessary - The legal framework prohibits multiple winding-up proceedings. (Paras 14, 17)

Facts of the case:
The appellant filed a petition to wind up the respondent, a company registered in Sabah, which was dismissed by the Kuala Lumpur High Court due to jurisdictional concerns and lack of written consent.

Findings of Court:
The appeal was dismissed on grounds of both jurisdictional points and academic status due to prior winding up by the Kota Kinabalu High Court.

Issues: The main issues included the jurisdiction of the Kuala Lumpur High Court over a Sabah-registered company and whether the appeal is rendered moot by subsequent events.

Ratio Decidendi: The court concluded that the High Court of Malaya lacked jurisdiction because the respondent’s registered address and properties were in Sabah, and the dismissal of the appeal was justified since the matter was overtaken by events.

Result: Appeal dismissed with costs.