Malaysia Case Law: Decisions & Judgments

Topic

Appointment of judicial manager

Legal area

Court

29 Oct 2025

NALURI MILENIUM SDN BHD PIHAK TERKILAN BANK PERTANIAN MALAYSIA BERHAD

Citation

JA-28JM-5-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28JM-5-07/2025 (Mahkamah Tinggi)

On the balance of probabilities the applicant demonstrated inability to pay debts but also presented credible, documentary evidence of assets, ongoing operations, commercial contracts and a realistic recovery plan; the court was satisfied both limbs of s405(1) were met and the application was bona fide, therefore a Judicial Management Order was warranted and granted with appointment of a judicial manager for six months and an automatic stay of proceedings.
16 Jun 2022

Mak Lin Kum and Layyin Teh for the Applicant in JM22 [Messrs Syed Ibrahim & Co.] Kennie Ang for the Respondent/Interim Judicial Manager [Messrs Ang & Lau] PENCELAH 1. ) Noor Akhza for the 1 st Intervener (BAP Resources Sdn Bhd) [Messrs Aqee

Citation

WA-28JM-22-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28JM-22-12/2021 (Mahkamah Tinggi)

The court held that a subsequent judicial management application is not barred by section 406 and may be granted if the applicant proves on a balance of probabilities that the requirements of sections 404 and 405 are met; on the evidence (cash on hand, potential recoveries, renewed licences, and ongoing negotiations) the court found a reasonable probability of rehabilitation and continued that the incumbent judicial manager, Datuk Mohd Afrizan, is the appropriate appointee and granted the orders sought with specified costs.
16 Jun 2022

Mak Lin Kum and Layyin Teh for the Applicant in JM22 [Messrs Syed Ibrahim & Co.] Kennie Ang for the Respondent/Interim Judicial Manager [Messrs Ang & Lau] PENCELAH 1. ) Noor Akhza for the 1 st Intervener (BAP Resources Sdn Bhd) [Messrs Aqee

Citation

WA-28JM-22-12/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28JM-22-12/2021 (Mahkamah Tinggi)

Section 406 does not bar a fresh judicial management application after expiry of a prior JMO; on balance of probabilities the applicant satisfied Sections 404 and 405 that judicial management was likely to rehabilitate or preserve part of the business and effect a more advantageous realisation, and the incumbent nominee (Datuk Mohd Afrizan) was the suitable judicial manager, therefore the JMO was granted and specified costs awarded.
25 Mar 2022

SURREALIST COMMUNITIES (M) SDN BHD PENCELAH 1. ) SCEC GROUP (MALAYSIA) SDN BHD 2. ) CEMERLANG SEJATI SDN BHD 3. ) Fong Cheng Ban 4. ) Aw Siew Fong 5. ) Liew Yoong Theng 6. ) Fong Chee Kang 7. ) Ahmad Khairul Bin Abdul Manan 8. ) Rosliana Bi

Citation

WA-28JM-20-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28JM-20-10/2021 (Mahkamah Tinggi)

The OS for judicial management was dismissed because the applicant failed to establish a bona fide, properly supported rescue proposal and did not make full and frank disclosure; the application was filed to frustrate a winding-up action immediately after failing to obtain an injunction; key audited financials and competent insolvency-prepared proposal were absent; the principal creditor (R1) holding the majority of the debt opposed the proposal making it unrealistic any scheme could obtain the required creditor approval, and the court will not act in vain.

Malaysia Case Law

NALURI MILENIUM SDN BHD PIHAK TERKILAN BANK PERTANIAN MALAYSIA BERHAD

Mak Lin Kum and Layyin Teh for the Applicant in JM22 [Messrs Syed Ibrahim & Co.] Kennie Ang for the Respondent/Interim Judicial Manager [Messrs Ang & Lau] PENCELAH 1. ) Noor Akhza for the 1 st Intervener (BAP Resources Sdn Bhd) [Messrs Aqee

Mak Lin Kum and Layyin Teh for the Applicant in JM22 [Messrs Syed Ibrahim & Co.] Kennie Ang for the Respondent/Interim Judicial Manager [Messrs Ang & Lau] PENCELAH 1. ) Noor Akhza for the 1 st Intervener (BAP Resources Sdn Bhd) [Messrs Aqee

SURREALIST COMMUNITIES (M) SDN BHD PENCELAH 1. ) SCEC GROUP (MALAYSIA) SDN BHD 2. ) CEMERLANG SEJATI SDN BHD 3. ) Fong Cheng Ban 4. ) Aw Siew Fong 5. ) Liew Yoong Theng 6. ) Fong Chee Kang 7. ) Ahmad Khairul Bin Abdul Manan 8. ) Rosliana Bi