Malaysia Case Law: Decisions & Judgments

Topic

Creditor meetings

Legal area

Court

21 Jan 2026

PEMIUTANG PENGHAKIMAN AMBANK (M) BERHAD PENGHUTANG PENGHAKIMAN FOK WAI MUN

Citation

WA-29NCC-1462-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-29NCC-1462-11/2023 (Mahkamah Tinggi)

The appeal was allowed because the creditor was not legally obliged to attend the creditors' meetings and its failure to attend was not unreasonable; the debtor's Rule 11 proposal was commercially unviable and unsupported by assets or proof of ability to make the proposed payments, and therefore the creditor's non-attendance did not constitute "sufficient cause" under s.6(3) IA to dismiss the creditor's petition.
20 Apr 2022

Sohan Yong-Tharumarajah and Jonathan Sidhu for the Applicant (Enclosure 23 & 27) [Messrs T Tharuma & Associates] PENCELAH 1. ) S Raven and Janice Tay Shu Hui for the 1st 89th Interveners (Enclosure 23 & 27) [Messrs S Ravevesan] 2. ) Low Eu

Citation

WA-28JM-1-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28JM-1-01/2022 (Mahkamah Tinggi)

The court accepted the company's management accounts demonstrating inability to pay debts and found the draft restructuring proposals credible and capable, on the balance of probabilities, of fulfilling s405(1)(b) by preserving the company as a going concern and providing a more advantageous realisation than winding up; accordingly judicial management was justified and judicial managers were appointed.
1 Mar 2022

Collin Goonting and Darren Tay for the Applicant [Messrs Collin Goonting & Associates] PENCELAH Muhammad Iqram bin Zulkupri for the Proposed Intervener [Messrs Azman Davidson & Co.] LAIN-LAIN Sufi Nasuha binti Abdul Halim for the Official R

Citation

KES PASCA PENGGULUNGAN SYARIKAT NO. WA-28PW-312-11/2021 (Mahkamah Tinggi)
Court

High Court
Case number

KES PASCA PENGGULUNGAN SYARIKAT NO. WA-28PW-312-11/2021 (Mahkamah Tinggi)

Leave to intervene was granted because the 26.4.2011 order appointed joint liquidators subject to a single fee, therefore any adjudication of remuneration in PW 338 will directly and pecuniarily affect the proposed intervener and the court cannot properly determine remuneration without him; however the proposed intervener must first present his bills to the creditors in accordance with s.479(2)(a) and (b) before the court will determine remuneration, and costs were ordered against the proposed intervener for delay and unsatisfactory explanations.

Malaysia Case Law

PEMIUTANG PENGHAKIMAN AMBANK (M) BERHAD PENGHUTANG PENGHAKIMAN FOK WAI MUN

Sohan Yong-Tharumarajah and Jonathan Sidhu for the Applicant (Enclosure 23 & 27) [Messrs T Tharuma & Associates] PENCELAH 1. ) S Raven and Janice Tay Shu Hui for the 1st 89th Interveners (Enclosure 23 & 27) [Messrs S Ravevesan] 2. ) Low Eu

Collin Goonting and Darren Tay for the Applicant [Messrs Collin Goonting & Associates] PENCELAH Muhammad Iqram bin Zulkupri for the Proposed Intervener [Messrs Azman Davidson & Co.] LAIN-LAIN Sufi Nasuha binti Abdul Halim for the Official R