Malaysia Case Law: Decisions & Judgments

Topic

Extension of judicial management order

Legal area

Court

5 Feb 2021

Lam Mun Chan for Gold Coast Morib International and Gold Coast Morib Sdn Bhd [Messrs Halim Hong & Quek] PEMIUTANG PENGHAKIMAN Himahlini Ramalingam for the Creditor, KWSP LAIN-LAIN Xue Qi and Sandra Tan for the Judicial Managers [Messrs Syed

Citation

SAMAN PEMULA NO. WA-28JM-(7 & 8)-10/2019 (Mahkamah Tinggi)
Court

7 & 8
Case number

SAMAN PEMULA NO. WA-28JM-(7 & 8)-10/2019 (Mahkamah Tinggi)

The JMOs expired on 8.7.2020 under the mandatory six‑month limit in s406(1) Companies Act 2016; once expired the judicial managers ceased to have authority to act or to apply for extensions, consequently applications and filings made after expiry were without authority and defective and the challenges to the directors' appointment of new solicitors failed.
4 Sept 2020

1. ) Datuk Wong Rhen Yen and Gary Ng Cheng Yip for the Applicant Liquidator in enclosure 25 [Messrs Dennis Nik & Wong] 2. ) Farah Suhada and Meneeba Ubaidi for the Applicant in Enclosure 15 [Messrs Zul Rafique & Partners] LAIN-LAIN 1. ) Ahm

Citation

SAMAN PEMULA NO. WA-28JM-9-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

SAMAN PEMULA NO. WA-28JM-9-02/2020 (Mahkamah Tinggi)

The court held that notice requirements under the Companies Act and Rules were satisfied, the intervener failed to show the Company acted mala fide or that the JM Order was obtained in vain, the intervener's late default notice undermined its challenge, approval of a JM proposal depends on 75% by value of creditors present and voting (s 425(2)) rather than the fact the intervener holds 45% of total debt, and that an extension of the JM period for six months was justified by COVID restrictions and the need to allow the JM to prepare a meaningful statement of proposal; therefore leave to interv…

Malaysia Case Law

Lam Mun Chan for Gold Coast Morib International and Gold Coast Morib Sdn Bhd [Messrs Halim Hong & Quek] PEMIUTANG PENGHAKIMAN Himahlini Ramalingam for the Creditor, KWSP LAIN-LAIN Xue Qi and Sandra Tan for the Judicial Managers [Messrs Syed

1. ) Datuk Wong Rhen Yen and Gary Ng Cheng Yip for the Applicant Liquidator in enclosure 25 [Messrs Dennis Nik & Wong] 2. ) Farah Suhada and Meneeba Ubaidi for the Applicant in Enclosure 15 [Messrs Zul Rafique & Partners] LAIN-LAIN 1. ) Ahm