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)
China State, as an unsecured creditor, had locus to intervene. The Applicant failed to discharge the burden under s.405(1)(b) CA 2016 to show that a judicial management order was likely to achieve the survival of the company because there was no credible evidence of sufficient financing or a real prospect of rehabilitation; accordingly the JMA (Encl 1) was dismissed. Leave nunc pro tunc was granted to China State to validate its winding-up petition filed during the moratorium due to lack of knowledge of the moratorium at time of filing and prejudice if leave refused.