CTG PROPERTY SDN BHD v 1. ) SULAIMAN @ MOHAMED HELMI BIN MOHD ILYAS 2. ) ADAM BIN MOHAMED ILYAS 3. ) ZAHRAH BINTI AHMAD
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Case Significance
CTG PROPERTY SDN BHD v 1. ) SULAIMAN @ MOHAMED HELMI BIN MOHD ILYAS 2. ) ADAM... is a High Court (Mahkamah Tinggi) decision dated December 8, 2025 (citation: wa-28pw-774-12-2024). <p>CTG Property Sdn Bhd (in liquidation), through its liquidator, filed a post-winding up notice of motion seeking declarations of misfeasance, breach of fiduciary duty, and fraudulent trading against the company's former directors, with orders requiring refund of RM711,670 in misapplied funds. The key procedural issue was whether a post-winding up notice of motion constitutes an originating proceeding that can sustain claims of fraud requiring full trial, or merely an interlocutory proceeding. The case was decided by Suhendran Sockanathan. Counsel appearing: Joshua Nathanael Mogan (counsel for applicant), Muhammad Farhan (counsel for respondent), Muhammad Shafee (counsel for respondent), Ranjan N. Chandran (counsel for applicant), Wee Yeong Kang (counsel for respondent).
Summary
CTG Property Sdn Bhd (in liquidation), through its liquidator, filed a post-winding up notice of motion seeking declarations of misfeasance, breach of fiduciary duty, and fraudulent trading against the company's former directors, with orders requiring refund of RM711,670 in misapplied funds. The key procedural issue was whether a post-winding up notice of motion constitutes an originating proceeding that can sustain claims of fraud requiring full trial, or merely an interlocutory proceeding. The court held the notice of motion was a defective interlocutory proceeding that could not be converted into a writ and dismissed it with costs of RM10,000, directing that the claim be refiled as a fresh originating writ.
What was the outcome of CTG PROPERTY SDN BHD v 1. ) SULAIMAN @ MOHAMED HELMI BIN MOHD ILYAS 2. ) ADAM...?
<p>CTG Property Sdn Bhd (in liquidation), through its liquidator, filed a post-winding up notice of motion seeking declarations of misfeasance, breach...