Mah Dick Son
About Mah Dick Son
Mah Dick Son appears as counsel of record in 5 reported Malaysia judgments (2025). These were heard before MYHC (5).
On the court record
Mah Dick Son's reported practice spans insolvency-related civil litigation, commercial contract disputes and company winding-up, appearing in the High Court and acting for defendants, plaintiffs and petitioners.
A distinct group of matters concerns the position of a bankrupt and the powers of the insolvency authorities. Acting for defendants in related originating summonses, he was engaged on whether a plaintiff who is an undischarged bankrupt could institute proceedings without first obtaining the sanction of the Director General of Insolvency under section 38(1)(a) of the Insolvency Act 1967, whether that requirement is dispensed with where the Director General is himself named as a party, whether sanction is needed where the Director General is sued for an alleged failure in his duties as Official Assignee, and whether the doctrine of res judicata barred the action.
His commercial work includes a substantial High Court suit concerning Penang Port Sdn Bhd, Prasarana Malaysia Berhad and a ferry operator, in which he acted for a plaintiff. It turned on the interpretation of a business purchase agreement and a related asset, rental and sale and purchase agreement governing ferry operations, on the novation of contract under section 63 of the Contracts Act 1950, on operational-loss payments and public-service obligations, and on the dismissal of a counterclaim.
He also appears in insolvency proper. Acting for a petitioner, Pan Nation Petro-Chemical (Singapore) Pte Ltd, he obtained a winding-up order against the respondent company under section 465(1)(e) of the Companies Act 2016, the petition being allowed. The practice blends insolvency, contract and company litigation, with a recurring focus on the statutory gateways that control when and by whom such proceedings may be brought. Whether the point is a bankrupt's standing, the sanction of the Director General of Insolvency, or the ground for a winding-up order, the recurring question is one of threshold entitlement — who is entitled to invoke the court's process, and on what statutory footing.
How many cases has Mah Dick Son appeared in?
Mah Dick Son appears as counsel of record in 5 reported Malaysia judgments (2025).
Which courts does Mah Dick Son appear in?
Mah Dick Son appears before MYHC (5).
What are Mah Dick Son's main areas in these decisions?
Insolvency-related civil litigation, commercial contract disputes and company winding-up. His matters include originating summonses on the sanction required to sue while an undischarged bankrupt, a ferry-operations contract dispute involving Penang Port Sdn Bhd and Prasarana Malaysia Berhad, and a winding-up petition brought by Pan Nation Petro-Chemical (Singapore) Pte Ltd.
What was the recurring insolvency question in his originating summonses?
Whether an undischarged bankrupt could bring proceedings without first obtaining the sanction of the Director General of Insolvency under section 38(1)(a) of the Insolvency Act 1967, whether that requirement is dispensed with when the Director General is named as a party or is sued for an alleged failure in his duties, and whether res judicata barred the action.
What did the winding-up petition achieve?
Acting for the petitioner, Pan Nation Petro-Chemical (Singapore) Pte Ltd, he obtained a winding-up order against the respondent company under section 465(1)(e) of the Companies Act 2016; the petition was allowed.