27 Oct 2025
Pembinaan BY Sdn. Bhd. Minda Muhibah Sdn. bhd. PENCELAH China State Construction Engineering (M) Sdn Bhd
- Citation
- WA-28JM-9-06/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-28JM-9-06/2025 (Mahkamah Tinggi)
Court followed Court of Appeal authority (Million Westlink) that an unsecured creditor has locus to intervene; however the JMA (Encl 1) was dismissed because the applicant failed to prove the statutory preconditions under s.405(1)(b) — there was no credible evidence of sufficient financing or a real prospect (or 'more probable than not') that the respondent company would survive as a going concern if judicial management were ordered; court granted China State leave nunc pro tunc to proceed with its winding-up petition filed during the moratorium.