GRANSTEP DEVELOPMENT SDN. BHD. 1. ) TAN CHONG HENG CONSTRUCTION (DALAM LIKUIDASI) SDN. BHD. 2. ) Pegawai Penerima Dan Pelikuidasi Syarikat Tan Chong Heng Construction Sdn Bhd (Dalam Penggulungan)

GRANSTEP DEVELOPMENT SDN. BHD. 1. ) TAN CHONG HENG CONSTRUCTION (DALAM LIKUIDASI) SDN. BHD. 2. ) Pegawai Penerima Dan Pelikuidasi Syarikat Tan Chong Heng Construction Sdn Bhd (Dalam Penggulungan)

The High Court Enforcement Order dated 6.8.2021 was declared null and void because the 1st defendant had been wound up prior to that order and had not obtained leave or sanction from the winding-up court to continue enforcement proceedings, therefore it lacked locus standi and the enforcement order was of no effect.

Citation
BA-24NCC(ARB)-5-04/2025 (Mahkamah Tinggi)
Parties
Plaintiff: Granstep Development Sdn Bhd; Defendant (in Liquidation): Tan Chong Heng Construction Sdn Bhd; Defendant (official Receiver): Pegawai Penerima dan Pelikuidasi Syarikat Tan Chong Heng Construction Sdn Bhd
Court
ARB
Jurisdiction
Malaysia
Judgment Date
12 September 2025
Case Number
BA-24NCC(ARB)-5-04/2025 (Mahkamah Tinggi)
Procedural Posture
Amended Originating Summons (declaratory/interlocutory) / Decision on Amended Originating Summons (declaration Granted)
Outcome
Principal relief granted: declaration that the High Court Order dated 6.8.2021 is null and void and of no effect.
Legal Topics
Locus Standi, Leave of Winding Up Court, Enforcement of Adjudication Decision, Declaration of Nullity, Interim Relief to Preserve Status Quo
Source Language
Malay/English
Company Law Insolvency/winding Up Arbitration Law (cipaa) Civil Procedure Locus Standi Leave of Winding Up Court Enforcement of Adjudication Decision Declaration of Nullity +1 more

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Parties

Granstep Development Sdn Bhd

Plaintiff

Tan Chong Heng Construction Sdn Bhd

Defendant (in Liquidation)

Pegawai Penerima dan Pelikuidasi Syarikat Tan Chong Heng Construction Sdn Bhd

Defendant (official Receiver)

Procedural Posture

Amended Originating Summons (declaratory/interlocutory) / Decision on Amended Originating Summons (declaration Granted)

Legal Issues

  1. 1 Whether the High Court Enforcement Order dated 6.8.2021 is null and void for want of locus standi because the 1st defendant was already wound up on 28.7.2021
  2. 2 Whether a company in liquidation may continue enforcement proceedings without leave of the winding-up court
  3. 3 Whether the outcome of the arbitration affects the determination of the declaratory relief sought

Ratio Decidendi

The High Court Enforcement Order dated 6.8.2021 was declared null and void because the 1st defendant had been wound up prior to that order and had not obtained leave or sanction from the winding-up court to continue enforcement proceedings, therefore it lacked locus standi and the enforcement order was of no effect.

Court Disposition

Principal relief granted: declaration that the High Court Order dated 6.8.2021 is null and void and of no effect.

Orders

  • A declaration that the High Court’s Order dated 06.08.2021 vide the Originating Summons No.: BA-24C-13-04/2021 is null and void and of no effect;