Mohd Wafiy bin Azman
About Mohd Wafiy bin Azman
Mohd Wafiy bin Azman appears as counsel of record in 4 reported Malaysia judgments (2024–2025). These were heard before MYHC (3) and MYCOA (1).
On the court record
The reported matters span corporate-existence, derivative-action, frustration and debt-recovery work, grounded in High Court and Court of Appeal judgments.
Mohd Wafiy bin Azman's reported matters are concentrated in company law and the enforcement of commercial obligations, argued in the High Court and the Court of Appeal. Two decisions concern the internal life of companies. In one, brought under section 555 of the Companies Act 2016, the plaintiffs applied to reinstate a company to the register kept by the Companies Commission, the question being whether they were persons aggrieved within the meaning of that section; he appeared for a defendant. In another, an application for leave to commence a derivative action under section 348 of the same Act, a director alleged that a company purchase had been made without proper board approval, and the issue was whether the plaintiff was acting in good faith; he appeared for the plaintiff.
Contract and frustration feature in a Court of Appeal appeal where the question was whether the High Court had erred in concluding that an agreement had not been frustrated and that a particular clause had been fulfilled. Appearing for the appellant, the Court was satisfied that the trial judge's factual findings were not plainly erroneous, affirmed the decision below and dismissed the appeal with costs of RM20,000.
Debt recovery completes the profile. In a High Court claim for electricity charges, supported by a full statement of account exhibited on an application for summary judgment, he appeared for the plaintiff; the defendant's affidavit raised no triable issue. A thread across these decisions is the framework of corporate existence and commercial performance, from restoring a struck-off company and permitting a derivative action, to the survival of a contract said to be frustrated, to the summary enforcement of an undisputed debt, argued at first instance in the High Court and on appeal before the Court of Appeal of Malaysia. The reported work is largely company-facing, concerned with how the Companies Act 2016 governs the existence, management and accountability of a company and how commercial claims against it are enforced.
How many cases has Mohd Wafiy bin Azman appeared in?
Mohd Wafiy bin Azman appears as counsel of record in 4 reported Malaysia judgments (2024–2025).
Which courts does Mohd Wafiy bin Azman appear in?
Mohd Wafiy bin Azman appears before MYHC (3) and MYCOA (1).
What areas of law feature in Mohd Wafiy bin Azman's reported cases?
They include company law (reinstatement of a company under section 555 and leave for a derivative action under section 348 of the Companies Act 2016), contract and frustration, and the summary recovery of a debt for electricity charges.
What did the Court of Appeal decide in the frustration appeal?
Appearing for the appellant, the Court was satisfied the trial judge's factual findings were not plainly erroneous, affirmed the decision below and dismissed the appeal with costs of RM20,000.
What was the question in the derivative-action application?
Whether leave should be granted under section 348 of the Companies Act 2016 where a director alleged a company purchase was made without proper board approval, and whether the plaintiff was acting in good faith; he appeared for the plaintiff.