PEMPETISYEN MUDAJAYA CORPORATION BERHAD THB POWER SDN BHD

PEMPETISYEN MUDAJAYA CORPORATION BERHAD THB POWER SDN BHD

The court held that the adjudication decision created an enforceable entitlement and the respondent failed to establish a bona fide dispute on substantial grounds or to show immediate means of payment; without prejudice communications relied upon in the parties' affidavits were properly before the court or waived; therefore enforcement by winding up was appropriate and the winding-up petition is allowed, while the competing motion to appoint private liquidators is dismissed on the facts.

Citation
WA-28NCC-187-02/2025 (Mahkamah Tinggi)
Parties
Petitioner: Mudajaya Corporation Berhad; Respondent: THB Power Sdn Bhd; Opposing Creditor: Newfields Land Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 January 2026
Case Number
WA-28NCC-187-02/2025 (Mahkamah Tinggi)
Procedural Posture
Companies (winding Up) Petition / Judgment on Winding Up Petition and Competing Notice of Motion to Appoint Private Liquidators
Outcome
Winding-up petition allowed (Enclosure 1 granted) with costs; competing notice/motion to appoint private liquidators (Enclosure 34) dismissed with no order as to costs.
Legal Topics
Winding Up, Bona Fide Dispute, Adjudication Enforcement, Settlement Agreement, Appointment of Liquidator, Abuse of Process, Without Prejudice Privilege, Creditor Wishes and Public Interest
Source Language
Malay/English
Company Law Insolvency Law Construction Law Civil Procedure Winding Up Bona Fide Dispute Adjudication Enforcement Settlement Agreement +4 more

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Parties

Mudajaya Corporation Berhad

Petitioner

THB Power Sdn Bhd

Respondent

Newfields Land Sdn Bhd

Opposing Creditor

Procedural Posture

Companies (winding Up) Petition / Judgment on Winding Up Petition and Competing Notice of Motion to Appoint Private Liquidators

Legal Issues

  1. 1 Whether there is a bona fide dispute on substantial grounds to defeat the winding-up petition
  2. 2 Whether a settlement agreement superseded or invalidated the adjudication decision
  3. 3 Whether the petition amounts to an abuse of process or involved concealment/misrepresentation

Ratio Decidendi

The court held that the adjudication decision created an enforceable entitlement and the respondent failed to establish a bona fide dispute on substantial grounds or to show immediate means of payment; without prejudice communications relied upon in the parties' affidavits were properly before the court or waived; therefore enforcement by winding up was appropriate and the winding-up petition is allowed, while the competing motion to appoint private liquidators is dismissed on the facts.

Court Disposition

Winding-up petition allowed (Enclosure 1 granted) with costs; competing notice/motion to appoint private liquidators (Enclosure 34) dismissed with no order as to costs.

Orders

  • Enclosure 1 (winding-up petition) allowed with costs
  • Enclosure 34 (application/notice to appoint private liquidators) dismissed with no order as to costs