DELCOL INDUSTRIES (M) SDN BHD v LIEW YU XUAN

ba-11bncvc-1-01-2025 High Court (Mahkamah Tinggi) 24 September 2025 • BA-11BNCvC-1-01/2025 • 12 min read

6 cases cited (0 SG, 6 foreign)

Outcome

The Plaintiff’s appeal is allowed. The decision of the learned Magistrate on liability, the alleged assumption of debt, the existence of a lien, and the dismissal of loss-of- use damages is set aside. b.

Quoted verbatim from the judgment of High Court (Mahkamah Tinggi) (ba-11bncvc-1-01-2025). Read the full judgment on the official Malaysia Courts portal for the complete decision.

Catchwords

Company Law- Appeal from lower court-company has separate legal identity from its shareholders, directors and associated entities- corporate veil should only be lifted in exceptional circumstances such as fraud or sham- Appellate Court to interfere when the lower court is plainly wrong- Sections 101–103 of the Evidence Act 1950

Practice Areas

Company Law Evidence

Judges (1)

Anita binti Harun Delivered

Counsel (5)

Foo Hiap Siong & Co Firm S G Lingam & Co. Firm Aw Shi Qin Counsel Respondent Priscilla Goh Chiau Wee Counsel Respondent Ratha Devi a/p Rada Krisnan Counsel Appellant

Parties (2)

DELCOL INDUSTRIES Sdn Bhd Appellant Liew Yu Xuan Respondent

Statutes Cited

Evidence Act 1950 (Cap 56)

Cases Cited (6)

UK (1)

[1897] AC 22

MY (5)

[1980] 1 MLJ 109 [1988] 1 MLJ 97 [1994] 1 MLJ 405 [1998] 2 CLJ 740 [2014] 4 MLJ 478

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-11bncvc-1-01-2025)