1. ) Agasta Co. Ltd 2. ) Nippon Export and Investment Insurance v AUTOPULENCE SDN BHD

b-03im-3-01-2024 Court of Appeal (Mahkamah Rayuan) 19 March 2025 • B-03(IM)-3-01/2024 • 23 min read
12 cases cited (0 SG, 12 foreign)

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Practice Areas

Judges (3)

Counsel (8)

Parties (3)

Case Significance

1. ) Agasta Co. Ltd 2. ) Nippon Export and Investment Insurance v AUTOPULENCE... is a Court of Appeal (Mahkamah Rayuan) decision dated March 19, 2025 (citation: b-03im-3-01-2024). <p>Japanese judgment creditors Agasta and Nippon Export challenged claims by Autopulence and JH Capital over 29 luxury Toyota vehicles seized from their judgment debtor Rintis Malay Motors under writs of seizure and sale. The Court of Appeal held that the claimants' purported ownership was vitiated by illegality arising from contraventions of MITI's Approved Permit policy, rendering the underlying contractual arrangements void under section 24(e) of the Contracts Act 1950. Both appeals were allo The panel comprised Ahmad Kamal bin Md. Shahid, Azizul Azmi bin Adnan and S. Nantha Balan a/l E.s. Moorthy, with Azizul Azmi bin Adnan delivering the judgment. Counsel appearing: Chin Hau Zhe (counsel for appellant), Cyndi Chow Li Kian (counsel for appellant), Ho Yong Yi (counsel for appellant), Kevin Chin Kwan Vui (counsel for appellant), Tan Shao Jia (counsel for respondent), Wong Jun Wei (counsel for respondent).

Summary

Japanese judgment creditors Agasta and Nippon Export challenged claims by Autopulence and JH Capital over 29 luxury Toyota vehicles seized from their judgment debtor Rintis Malay Motors under writs of seizure and sale. The Court of Appeal held that the claimants' purported ownership was vitiated by illegality arising from contraventions of MITI's Approved Permit policy, rendering the underlying contractual arrangements void under section 24(e) of the Contracts Act 1950. Both appeals were allowed and the deputy registrar's original orders were restored.

What was the outcome of 1. ) Agasta Co. Ltd 2. ) Nippon Export and Investment Insurance v AUTOPULENCE...?

<p>Japanese judgment creditors Agasta and Nippon Export challenged claims by Autopulence and JH Capital over 29 luxury Toyota vehicles seized from the...

Statutes Cited

Cases Cited (12)

UK (1)
[2016] UKSC 42
MY (11)
[1979] 2 MLJ 212 [1980] 1 MLJ 179 [1987] 1 CLJ 441 [1987] 1 MLJ 433 [1995] 1 AMR 622 [1995] 1 CLJ 609 [1995] 1 MLJ 281 [1998] 4 CLJ 674 [1998] 4 MLJ 585 [2020] MLJU 204 [2021] 2 CLJ 318