UNITED RAUB OIL PALMS Sdn Bhd

On the court record

A corporate party in the Raub control litigation, whose matters cover the leave required to sue a bankrupt, the enforcement of an undertaking in damages after discharged injunctions, and the striking out of collateral claims.

UNITED RAUB OIL PALMS Sdn Bhd appears in the corpus as one of the corporate parties in the protracted family and corporate-control litigation connected to the Raub interests, and its appearances span the plaintiff and defendant sides of that dispute. In a High Court matter framed in Bahasa Malaysia, the company was among the plaintiffs appealing against a decision in which their claim against a defendant was struck out for failure to obtain the leave or permission of the bankruptcy court (atas kegagalan mendapatkan kebenaran/izin daripada Mahkamah Kebankrapan) — a matter that goes to the procedural leave required before proceeding against a party subject to bankruptcy.

The company also appears on the defence side of the wider dispute. In a High Court matter the court addressed the enforcement of an undertaking in damages following the discharge of injunctions, considering whether the corporate defendants were entitled to damages, whether a finding that the injunctions were wrongly granted was required, and whether a letter of intent expressed to be subject to contract was enforceable, together with the assessment of opportunity-cost damages. It further features in striking-out proceedings under Order 18 rule 19 of the Rules of Court 2012 addressing res judicata, collateral attack, and the abuse of process arising from a multiplicity of proceedings over the same subject matter.

For a reader, the company's appearances illustrate how a corporate party is drawn through the several stages of a control feud: the leave required to sue a bankrupt, the enforcement of an undertaking in damages after injunctions are discharged, and the striking out of collateral and repetitive claims. The corporate parties are named as they appear on the record; the individual family members are referred to by their procedural role only. The company's appearances draw it through the several stages of a control feud, and the courts' concern throughout is procedural regularity: leave of the bankruptcy court is required before proceeding against a bankrupt, an undertaking in damages is enforced only where the injunctions were wrongly granted and no special circumstances bar it, and the striking-out power contains the collateral and repetitive claims that such disputes generate.