LS FISHERY Sdn Bhd
About LS FISHERY Sdn Bhd
LS FISHERY Sdn Bhd appears in 3 reported Malaysia court cases (2025). LS FISHERY Sdn Bhd is recorded as Respondent (2) and Defendant (1). These cases were heard before MYCOA (2) and MYHC (1).
On the court record
Illustrates how fraudulent-trading claims and garnishee enforcement are tested against the procedural rules on pleading, limitation, service and the setting aside of ex parte orders.
LS Fishery Sdn Bhd appears in the reported judgments as a company named as a defendant and respondent in the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan), in matters concerning fraudulent trading, striking out and enforcement by garnishee. The decisions engage the intersection of company law and civil procedure where a creditor pursues a company and those said to be behind it.
In connected Court of Appeal decisions the company was a respondent to a striking-out contest under Order 18 rule 19(1) of the Rules of Court 2012, engaging section 540 of the Companies Act 2016 and the meaning of a creditor for the purposes of fraudulent trading, together with the limitation period under section 29 of the Limitation Act 1953, questions of electronic service under Order 62 rule 6(1)(cc) and Order 63A rule 17, and committal proceedings under Order 52 rule 4. That combination reflects a claimant's attempt to fix liability for fraudulent trading and to sustain the pleading against a striking-out challenge, with limitation and service raised as threshold defences.
A related High Court decision concerned enforcement by garnishee, where an ex parte order had been made and a garnishee sought to set it aside. The court's reasoning was that an order made ex parte lacks a merit-based determination because it is issued without hearing all parties, and that a garnishee who never had the opportunity to be heard before the ex parte order was allowed had a basic right to have the order set aside. That reflects the procedural safeguard that a party affected by an order made in its absence may apply to have it reconsidered inter partes. Across the matters, the company illustrates how fraudulent-trading claims and enforcement measures are tested against the procedural rules on pleading, limitation, service and the setting aside of ex parte orders.
How many Malaysia court cases involve LS FISHERY Sdn Bhd?
LS FISHERY Sdn Bhd appears in 3 reported Malaysia court cases (2025).
Which courts does LS FISHERY Sdn Bhd appear in?
LS FISHERY Sdn Bhd appears before MYCOA (2) and MYHC (1).
What fraudulent-trading questions arose in LS Fishery Sdn Bhd's appeals?
On a striking-out contest under Order 18 rule 19(1) of the Rules of Court 2012, the court engaged section 540 of the Companies Act 2016 and the meaning of a creditor for fraudulent trading, the limitation period under section 29 of the Limitation Act 1953, and questions of electronic service and committal proceedings.
Why was the garnishee entitled to set aside the ex parte order?
The court reasoned that an order made ex parte lacks a merit-based determination because it is issued without hearing all parties, and that a garnishee who had no opportunity to be heard before the order was allowed had a basic right to have it set aside and reconsidered inter partes.