1. ) SHIN HEUNG BIO SDN BHD (dalam likuidasi) 2. ) PENYELESAI SYARIKAT SHIN HEUNG BIO SDN BHD (dalam likuidasi) v MC BIO SDN BHD

ba-23ncvc-39-08-2023 High Court (Mahkamah Tinggi) 20 March 2025 • BA-23NCvC-39-08/2023

Catchwords

The present matter relates to the Plaintiffs’ application in Enclosure 31. The said application in Enclosure 31 was made pursuant to Order 33 rules 2, 3 and 5 of the Rules of Court 2012. In that said application, the Plaintiffs sought to have the following 4 main Questions determined under Order 33 of the Rules of Court 2012. (A) Whether the doctrines of estoppel, res judicata, multiplicity of proceedings, suing by instalments and unjust enrichment preclude the Plaintiffs from bringing this claim; (B) Based on the inter partes Order dated 7.9.2017, whether the movable assets detailed in the Defendant’s Resolution Notice dated 21.1.2015 which was located at the Factory belongs to the Plaintiffs; (C) Whether the Defendant is bound by the terms of the ex parte Order dated 5.7.2017 and the inter partes Order dated 7.9.2017; and (D) Whether the Defendant has violated the terms of the ex parte Order dated 5.7.2017 and the inter partes Order dated 7.9.2017.

Practice Areas

The present matter relates to the Plaintiffs’ application in Enclosure 31. The said application in Enclosure 31 was made pursuant to Order 33 rules 2, 3 and 5 of the Rules of Court 2012. In that said application, the Plaintiffs sought to have the following 4 main Questions determined under Order 33 of the Rules of Court 2012. (A) Whether the doctrines of estoppel, res judicata, multiplicity of proceedings, suing by instalments and unjust enrichment preclude the Plaintiffs from bringing this claim; (B) Based on the inter partes Order dated 7.9.2017, whether the movable assets detailed in the Defendant’s Resolution Notice dated 21.1.2015 which was located at the Factory belongs to the Plaintiffs; (C) Whether the Defendant is bound by the terms of the ex parte Order dated 5.7.2017 and the inter partes Order dated 7.9.2017; and (D) Whether the Defendant has violated the terms of the ex parte Order dated 5.7.2017 and the inter partes Order dated 7.9.2017.

Judges (1)

Choong Yeow Choy Delivered

Parties (3)

MC BIO Sdn Bhd Defendant PENYELESAI SYARIKAT SHIN HEUNG BIO Sdn Bhd (dalam likuidasi) Plaintiff SHIN HEUNG BIO Sdn Bhd (dalam likuidasi) Plaintiff

Case Significance

1. ) SHIN HEUNG BIO SDN BHD (dalam likuidasi) 2. ) PENYELESAI SYARIKAT SHIN H... is a High Court (Mahkamah Tinggi) decision dated March 20, 2025 (citation: ba-23ncvc-39-08-2023). The case was decided by Choong Yeow Choy.

What was the outcome of 1. ) SHIN HEUNG BIO SDN BHD (dalam likuidasi) 2. ) PENYELESAI SYARIKAT SHIN H...?

1. ) SHIN HEUNG BIO SDN BHD (dalam likuidasi) 2. ) PENYELESAI SYARIKAT SHIN H... is a High Court decision dated March 20, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.