PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

PEMIUTANG PENGHAKIMAN 1. ) Menara Jutamas Sdn Bhd 2. ) Amcorp Global Limited (dahulu dikenali sebagai Tee Land Limited) PENGHUTANG PENGHAKIMAN Abdul Kadir Bin Haji Sheikh Fadzir

The High Court held the Bankruptcy Order valid and dismissed the debtor's challenge: a change of company name did not require leave under O.46 r.2(1)(b); the Interim Order expired on 7.1.2025 and the creditors' meeting on 4.2.2025 was invalid so no VA operated to prevent bankruptcy; the debtor failed to establish ability to pay; and the creditors had exhausted available enforcement against the wound‑up principal by filing a proof of debt, entitling them to proceed against the guarantor.

Citation
WA-29NCC-928-07/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: Abdul Kadir bin Haji Sheikh Fadzir; Judgment Creditor: Menara Jutamas Sdn Bhd; Judgment Creditor: Amcorp Global Limited (formerly Tee Land Limited)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 November 2025
Case Number
WA-29NCC-928-07/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy / Insolvency / High Court Judgment (appeal to Court of Appeal Filed)
Outcome
Appeal dismissed; Bankruptcy Order upheld
Legal Topics
Voluntary Arrangement (va), Interim Order (io), Creditor's Petition, Leave to Commence Bankruptcy Against Guarantor, Change of Company Name, Winding‑up and Enforcement Exhaustion
Source Language
Malay/English
Insolvency and Bankruptcy Civil Procedure Company Law Voluntary Arrangement (va) Interim Order (io) Creditor's Petition Leave to Commence Bankruptcy Against Guarantor Change of Company Name +1 more

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Parties

Abdul Kadir bin Haji Sheikh Fadzir

Judgment Debtor

Menara Jutamas Sdn Bhd

Judgment Creditor

Amcorp Global Limited (formerly Tee Land Limited)

Judgment Creditor

Procedural Posture

Bankruptcy / Insolvency / High Court Judgment (appeal to Court of Appeal Filed)

Legal Issues

  1. 1 Whether Order 46 r.2(1)(b) RoC required prior leave for a mere change of company name
  2. 2 Whether a Voluntary Arrangement and Interim Order remained valid when creditors' meeting was held after IO expiry
  3. 3 Whether the debtor demonstrated ability to pay under s.6(3) IA

Ratio Decidendi

The High Court held the Bankruptcy Order valid and dismissed the debtor's challenge: a change of company name did not require leave under O.46 r.2(1)(b); the Interim Order expired on 7.1.2025 and the creditors' meeting on 4.2.2025 was invalid so no VA operated to prevent bankruptcy; the debtor failed to establish ability to pay; and the creditors had exhausted available enforcement against the wound‑up principal by filing a proof of debt, entitling them to proceed against the guarantor.

Court Disposition

Appeal dismissed; Bankruptcy Order upheld

Orders

  • Appeal dismissed with costs of RM10000.00 to be paid by the Judgment Debtor to the Judgment Creditors