1. ) SEE SUK LING 2. ) HONG CHAU YEE v B.I.G INDUSTRIAL GAS SDN. BHD

aa-12b-47-12-2024 High Court (Mahkamah Tinggi) 3 March 2026 • AA-12B-47-12/2024 • 12 min read
15 cases cited (0 SG, 15 foreign)

Outcome

The appeal is dismissed with costs of RM6,000.00 to be paid to the plaintiff.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (aa-12b-47-12-2024). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

PARTNERSHIP: Liability of retiring partners – Loss of industrial gas cylinders supplied to partnership – Whether 3rd and 4th Defendants remained jointly liable for losses incurred up to June 2015 – Whether internal partnership separation, possession or control after exit could defeat liability to third-party creditor – Whether supplies forming subject matter of claim were made during period of partnership – Whether liability under ss 11 and 19(2) of Partnership Act 1961 ceased upon retirement – Whether subsequent dealings with continuing partners amounted to release – Whether unpleaded allegation of collusion or arrangement could be relied upon on appeal – Whether trial court’s findings were plainly wrong

Practice Areas

Partnership

Judges (1)

Moses Susayan Delivered

Counsel (4)

AM Ong & Partners Firm Ting & Ting Firm Chai Bitt Yen Counsel Respondent Nanda Suppiah Counsel Appellant

Parties (3)

B.I.G INDUSTRIAL GAS Sdn Bhd Respondent Hong Chau Yee Appellant See Suk Ling Appellant

Cases Cited (15)

UK (1)
[1995] 1 WLR 404
MY (14)
[1985] 1 MLJ 214 [1991] 1 MLJ 428 [1995] 3 MLJ 331 [1995] 4 CLJ 283 [2009] 6 CLJ 232 [2010] MLJU 1331 [2011] 1 CLJ 433 [2011] 2 MLJ 141 [2018] 3 MLRH 370 [2020] 12 MLJ 67 [2020] 2 CLJ 781 [2020] 6 MLJ 635 [2022] 5 AMR 742 [2022] MLJU 1204

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (aa-12b-47-12-2024)