Akira Sales & Services (M) Sdn Bhd v 1. ) Nadiah Zee binti Abdullah 2. ) Yong Peng Kean

01-15-05-2016 Federal Court (Mahkamah Persekutuan) 7 January 2018 • 01-15-05/2016

Catchwords

Bankruptcy law — Appeals — Industrial Court’s Award — Sanction of Director General of Insolvency (DGI) to prosecute the appeals — Whether a personal claim for wrongful termination requires previous sanction of the DGI — Whether vested in DGI — Whether respondents were competent to lodge their appeals at the Court of Appeal — Whether distinction between a breach that occurred before or after bankruptcy is relevant in employment related actions — Insolvency Act 1967 [Act 360], section 8(1)(b), section 38(1)(a); Industrial Relations Act 1967 [Act 177], section 20 Company & Practice — Whether interpretation of the Articles of Association (AA) of a company is subject to past practices of directors — Implementation or exercise of the power under AA Judicial Review — Claim for wrongful termination and dismissal — Company directors — Whether IC’s award tainted with procedural impropriety, illegality or irrationality — Whether IC evaluated validity or propriety of the alleged misconduct and explanation — Whether the Court of Appeal was correct in law in concluding that in the absence of an allegation of “any form of criminal conduct” the complaint “taken objectively, will not qualify as a misconduct” — Whether as employees with day to day management of the Company, was it right for the Respondents to put funds of the Company in their absolute control and beyond the reach and control of the Company— Whether such behavior of the respondents warrant dismissal— Courts of Judicature Act 1964 [Act 91], Schedule 1; Specific Relief Act 1950 [Act 137], section 44(1); Rules of Court 2012, Order 53

Practice Areas

Bankruptcy & Insolvency Employment & Industrial Relations Civil Procedure Remedies

Judges (5)

Ahmad bin Haji Maarop Delivered Alizatul Khair binti Osman Khairuddin Coram Jeffrey Tan Kok Wha Coram Prasad Sandosham Abraham Coram Zaharah binti Ibrahim Coram

Parties (3)

Akira Sales & Services Sdn Bhd Appellant Nadiah Zee binti Abdullah Respondent Yong Peng Kean Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01-15-05-2016)