WAHBUNGA REALTY Sdn Bhd

On the court record

A corporate defendant in the Raub control litigation, whose matters cover undertakings in damages after discharged injunctions, the vexatious-litigant jurisdiction, the limits on a share lien, and striking out.

WAHBUNGA REALTY Sdn Bhd appears in the corpus as one of the corporate defendants in the long-running family and corporate-control litigation connected to the Raub interests, and its appearances concentrate on the injunction, vexatious-litigant and company-law strands of that 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, whether special circumstances barred enforcement of the undertaking, and whether a letter of intent expressed to be subject to contract was enforceable, together with the assessment of opportunity-cost damages for the loss of use of capital.

The company also features in the vexatious-litigant and striking-out proceedings. In one matter the court observed that the conduct in issue — the persistent pursuit of claims already decided and the proliferation of collateral proceedings — had significantly burdened the opposing parties and the judicial process, and that the law on vexatious litigants exists to forestall such misuse, while the liberties guaranteed by Articles 5 and 8 of the Federal Constitution must be exercised in accordance with law. In a company-law matter the court considered whether a lien could be exercised over fully paid-up shares under section 111 of the Companies Act 2016, and in striking-out proceedings under Order 18 rule 19 it addressed res judicata and collateral attack.

For a reader, the company's appearances show the interlocutory and doctrinal machinery deployed to contain a protracted control feud: undertakings in damages, the vexatious-litigant jurisdiction, the limits on a share lien, and striking out for abuse of process. 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 concentrate the interlocutory and doctrinal machinery deployed to contain the wider control feud: undertakings in damages tested for special circumstances, the vexatious-litigant jurisdiction, the limits on a company's lien over fully paid shares, and striking out for res judicata and collateral attack. Each is directed at bringing repetitive and overlapping litigation over the same subject matter to an orderly end.