Malaysia Case Law: Decisions & Judgments

Topic

Proof of debt process

Legal area

Court

27 Jan 2026

ZUHARINA BTE ZINIL ABEDEN KAMC (KL) SENDIRIAN BERHAD (DALAM PENGGULUNGAN)

Citation

WA-28PW-742-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-742-12/2025 (Mahkamah Tinggi)

Leave to proceed with execution was refused because the Company had been wound up and the proper channel for the claim is the proof of debt process in the liquidation; granting leave would risk impermissibly preferring the Applicant over other creditors and undermine the statutory insolvency scheme.
27 Jan 2026

SAMSUNG C&T (KL) SDN. BHD. M & M CONSTRUCTION SDN. BHD.

Citation

WA-28PW-758-12/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-758-12/2025 (Mahkamah Tinggi)

Leave under s.471(1) was refused because the Applicant's straightforward contractual claim is appropriately and adequately dealt with through the Official Receiver's proof of debt process, the Official Receiver agreed to that procedure, and granting leave would risk depleting the company's assets through litigation costs; the Applicant did not demonstrate necessity for leave or that the claim could not be resolved in winding up.
18 Sept 2024

TAN AIK LING CT WORLD CONSTRUCTION SDN. BHD.

Citation

WA-28PW-408-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-408-07/2024 (Mahkamah Tinggi)

The court held that s471(1) applies only to proceedings against a wound-up company and cannot regularise proceedings taken by the company itself (the Notice of Appeal); s486(2) may be invoked where the liquidator takes a sufficiently negative stand (refuses or will not proceed) and the court may grant sanction to a third party to conduct proceedings in the name of the company; accordingly the court granted Tan retrospective leave under s486(2) to regularise the Notice of Appeal, and separately granted leave nunc pro tunc under s471(1) to validate the Sessions Court judgment in favour of Seow…
9 Sept 2024

1. ) Seow Siew Kian 2. ) Kon Yeon Guen CT World Construction Sdn Bhd PEMPETISYEN RHB BANK BERHAD

Citation

WA-28PW-440-07/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-28PW-440-07/2024 (Mahkamah Tinggi)

s471(1) cannot be used to regularise proceedings initiated by the company; s486(2) permits the court to sanction a third party to conduct proceedings where the liquidator declines to proceed. The OR indicated it would not proceed with the Appeal, therefore retrospective sanction under s486(2) was granted to regularise the Notice of Appeal and allow the applicant’s solicitors to represent the company. Separately, leave nunc pro tunc under s471(1) was granted to validate the Sessions Court judgment because the dispute had been fully adjudicated, hardship would result if set aside, and the balan…

Malaysia Case Law

ZUHARINA BTE ZINIL ABEDEN KAMC (KL) SENDIRIAN BERHAD (DALAM PENGGULUNGAN)

SAMSUNG C&T (KL) SDN. BHD. M & M CONSTRUCTION SDN. BHD.

TAN AIK LING CT WORLD CONSTRUCTION SDN. BHD.

1. ) Seow Siew Kian 2. ) Kon Yeon Guen CT World Construction Sdn Bhd PEMPETISYEN RHB BANK BERHAD