Malaysia Case Law: Decisions & Judgments

Topic

Appointment of liquidator

Legal area

Court

28 Jan 2026

PEMPETISYEN MUDAJAYA CORPORATION BERHAD THB POWER SDN BHD

Citation

WA-28NCC-187-02/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-187-02/2025 (Mahkamah Tinggi)

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.
2 Dec 2025

PEMPETISYEN YHL PROPERTY SDN BHD SILVERON BUILDERS SDN BHD PIHAK TERKILAN Chee Kam Fatt

Citation

JA-28NCC-15-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-28NCC-15-01/2025 (Mahkamah Tinggi)

The statutory presumption of inability to pay arose on non-compliance with the statutory demand and was not rebutted because the Respondent’s own audited financial statements evidenced commercial insolvency; the judgment debt was final and unstayed so not bona fide disputed; any cross-claim should be pursued by a liquidator; the petition was not an abuse or premature and the Johor court had jurisdiction — therefore a winding-up order and appointment of the Director-General of Insolvency were justified.
14 Oct 2025

MMM GROUP BERHAD (DAHULUNYA DIKENALI SEBAGAI ASIA MEDIA GROUP BERHAD) ASIA MEDIA SDN. BHD. PIHAK TERKILAN PEAKMAX SDN BHD

Citation

WA-28PW-356-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-356-06/2024 (Mahkamah Tinggi)

The court appointed the Applicant's nominees because the majority creditors in value favored them and there was no sufficient evidence that the nominees' prior professional relationship created a real or reasonable apprehension of bias or inability to act impartially; a mere prior professional relationship without more does not disqualify nominees.
14 Oct 2025

MMM GROUP BERHAD (DAHULUNYA DIKENALI SEBAGAI ASIA MEDIA GROUP BERHAD) ASIA MEDIA SDN. BHD. PIHAK TERKILAN PEAKMAX SDN BHD

Citation

WA-28PW-356-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-356-06/2024 (Mahkamah Tinggi)

The majority creditors by value supported the Applicant's nominees and there was no evidence of actual conflict or objective facts creating a reasonable apprehension of bias; a mere prior professional relationship without more does not disqualify the nominees, therefore the court appointed the Applicant's nominees as private liquidators and dismissed the opposing nomination.
1 Jul 2025

Perbadanan Kemajuan Negeri Selangor (PKNS) Tinta Anggun Engineering Sdn. Bhd (In Liquidation) PENCELAH NG YIN MENG PIHAK TERKILAN MAYBANK ISLAMIC BERHAD

Citation

WA-28PW-389-06/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-389-06/2024 (Mahkamah Tinggi)

Having regard to post‑hearing creditor sentiment (withdrawal of Maybank's opposition), the predominance of creditor support by value, the substantial unexplained diminution of assets, material discrepancies in the Statement of Affairs and OR report, and the project's complexity requiring specialist rehabilitation and forensic skills, the Court exercised its discretion under the Companies Act 2016 to substitute the Official Receiver with the nominated private liquidator to better protect the interests of creditors, purchasers and other stakeholders, subject to a Committee of Inspection and Cou…
30 Apr 2025

PEMPETISYEN Ooi Boon Seong Plot Design Sdn Bhd

Citation

WA-28NCC-1153-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-1153-12/2024 (Mahkamah Tinggi)

The company is a quasi‑partnership controlled equally by two shareholders whose relationship has irretrievably broken down, producing a persistent deadlock that prevents proper governance (no auditors or accounts since 2021) and the business is effectively defunct; on these facts it is just and equitable to wind up the company and appoint liquidators; the respondent's proposal to take shares without paying consideration was rejected as wrongful.
19 Mar 2025

PEMPETISYEN TENAGA NASIONAL BERHAD B.S. CIVIL ENGINEERING SDN. BHD.

Citation

KA-28NCC-14-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

KA-28NCC-14-02/2024 (Mahkamah Tinggi)

The Sessions Court judgment for RM644,343.91 remained valid and unpaid and the respondent failed to demonstrate a bona fide, substantive dispute supported by credible evidence; therefore the debt was due and payable within s466(1)(a) and a winding-up order was properly made; the petition was not an abuse of process.
5 Mar 2025

PEMPETISYEN LEE LENG CHAN 1. ) ADDEKOH SDN BHD 2. ) KOH SIONG CHOON 3. ) WONG SOH LING

Citation

WA-28NCC-94-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-94-01/2023 (Mahkamah Tinggi)

On the balance of probabilities the company’s sole substratum (sole distributorship) had failed resulting in zero sales; that failure alone satisfies the just and equitable ground under s465(1)(b) CA 2016. Independent corroborative finding of a breakdown of mutual trust consistent with quasi‑partnership features reinforces the conclusion that winding‑up is appropriate. The court therefore ordered the company wound up and the Official Receiver appointed as liquidator and awarded costs to the petitioner.
8 Nov 2024

Andrew Heng REEBOK (M) SDN BHD PENCELAH DICADANGKAN 1. ) UNITED OVERSEAS BANK (MALAYSIA) BHD 2. ) Dato Sri Sri Ram A/l M.s. Sarma

Citation

WA-28PW-609-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-609-12/2022 (Mahkamah Tinggi)

The court allowed the application because a majority of creditors validly supported the nominated private liquidators, section 477 CA 2016 empowers the court to replace the Official Receiver, the procedural defect was technical and not prejudicial, and appointment of experienced private liquidators was in the interests of the creditors given the substantial assets.
25 Sept 2024

PEMPETISYEN AMBANK ISLAMIC BERHAD PROLINK MARKETING SDN BHD PIHAK TERKILAN CIMB BANK BERHAD

Citation

WA-28NCC-1299-12/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28NCC-1299-12/2019 (Mahkamah Tinggi)

Respondent failed to rebut the presumption of commercial insolvency arising from non-compliance with the statutory demand under s466(1)(a) CA 2016; respondent failed to show special circumstances to justify a stay; accordingly the court made a winding-up order and appointed the private liquidator named in Enclosure 98.